손해배상
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company aimed at the manufacture, sale, etc., of an electronic publication.
B. Plaintiffs B, C, D, and E are the shareholders of Plaintiff A.
Plaintiff
C served as the representative director of Plaintiff A from September 13, 2012 to September 9, 2013, and Plaintiff B served as the representative director of Plaintiff A from September 9, 2013 to September 9, 2013, and Plaintiff D served as the auditor of Plaintiff A from March 29, 2013 to September 9, 2013.
C. Meanwhile, from September 9, 2013, the Defendant is serving as an internal director of Plaintiff A from September 9, 2013 to that date.
[Ground for recognition] Unsatisfy, Gap evidence 10
2. Determination as to the cause of claim
A. The Plaintiffs asserted that the Defendant transferred KRW 492,793,960 of the Company Fund deposited in the Plaintiff’s account in several times from August 23, 2012 to September 6, 2013, who worked as the vice president of the Plaintiff A, to the Defendant’s account in the name of the Defendant.
In addition, among the above money, ① Defendant made a false bond of KRW 80,605,393 by means of disposal as if the Defendant had a claim against Plaintiff A and then made a false bond of KRW 80,605,393; ② withdrawn KRW 8,575,050 in total without the previous ticket disposal; ③ withdraw KRW 2,348,590 in total without the detailed documentary evidence; ④ withdraw KRW 4.9 million in total, which is presumed to have been presumed to have been illegally used, and embezzled by withdrawing KRW 4.9 million in total.
The defendant shall pay damages or unjust enrichment to the plaintiffs, 27,023,640 won and delay damages that have been embezzled as above.
B. According to the purport of Gap evidence Nos. 1, 3, and 9 and the entire pleadings, part of the company’s funds deposited in the Plaintiff’s account (National Bank H) from August 2012 to September 2013, 2013, is transferred to the Defendant’s name (National Bank I; some of them are transferred to the Plaintiff’s Defendant.)