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(영문) 서울고등법원 2016.03.17 2015나9815

손해배상(기)

Text

1. Revocation of a judgment of the first instance;

2. All of the claims of the plaintiffs and the plaintiff co-litigants are dismissed.

3...

Reasons

1. Basic facts

A. 1) An intervenor is an affiliated company of C Group, and is the Seoul Olympic Sports Promotion Foundation (hereinafter “Korea Sports Promotion Foundation”).

(2) From October 1, 2002 to December 2012, 201, the Defendant was the president of the C Group’s strategic task (CSO, C 16 affiliate companies, i.e., acquisition and merger sales of affiliates, purchase of major assets of affiliates, and decision-making of major investments. The Defendant was in a position to exercise overall control over each affiliate company’s management by taking office as a director of the Intervenor Company’s 16,351,203 shares issued by the Intervenor Company. < Amended by Presidential Decree No. 2328, Oct. 1, 2002; Presidential Decree No. 23035, May 24, 2011>

B. Around June 2012, the Defendant was investigated on suspicion of embezzlement, etc. of the Intervenor’s company’s funds embezzlement, etc., and had the Intervenor’s employees and employees paid wages to the Intervenor’s affiliates establish multiple companies under the name of their relative and branch through “F,” such as embezzlement of funds that pretended to pay wages to the Intervenor’s affiliates, and transaction unit price with the Defendant’s friendly F companies, etc., and led the Defendant to establish multiple companies under the name of their relative and branch’s name through “the facts charged of occupational breach of trust” and “the facts charged of occupational breach of trust, such as transaction with the Defendant’s friendly F companies, etc., and led the Defendant to take advantage of all the Intervenor’s various goods and event-related transactions, and then deducted the company funds by fraudulent means, from November 2007 to December 2, 2010. However, the name was changed.

The sum of the prices of the non-produced and roller receipts is 1,572.