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(영문) 서울중앙지방법원 2016.08.19 2014가합546655

손해배상(기)

Text

1. The part concerning the plaintiffs' compensation for damages caused by the embezzlement of subscription money for capital increase among the plaintiffs' lawsuits against Defendant A.

Reasons

1. Basic facts

A. Management acquisition agreement between C and D Co., Ltd. 1) E (hereinafter “E”)

A) Around April 24, 2009, a company is a Japanese company established for the purpose of information processing and information provision services using the Internet, portable devices, etc., and listed in the Korea Exchange (KOS). (2) A stock company (hereinafter “C”) which is the parent company of E (hereinafter “C”) intended to sell E’s shares, including the management right, to resolve the funding problem around April 201.

3) Meanwhile, F is a D Co., Ltd. (hereinafter “D”) that had no particular business activity at the time.

A) Around July 201, 201, E’s management rights and shares are purchased at KRW 3.8 billion as D’s representative, and E’s preferential purchase of part of the shares at KRW 1 billion, and the F agreed to provide capital increase in the amount of KRW 1 billion by means of small-sum public offering to prepare the additional acquisition price. Accordingly, around July 5, 2011, the F was entitled from the representative director of E to make subscription for subscription to the shares of the said company and to use the E’s account and to manage the subscription price. (b) A, F, and H were authorized to use the account under the name of E and to use the E’s general vice-president’s office. (iii) G, F, and H on July 5, 2011.

A. (3) At the time of attracting subscription money for capital increase with consideration as stated in paragraph (3). The F arbitrarily withdraws subscription money for capital increase with the management of the subscription money, and H conspired to embezzled subscription money to the E by means of money laundering out the withdrawn subscription money and by assisting F and G escape. 2) On July 7, 2011, F requested E to open a new account. The E requires E to establish a new account, such as a corporate personal seal impression and proxy certificate, and documents necessary for the opening of the account, such as E’s personal seal impression and proxy certificate, and the Internet banking that set one-day transfer limit at KRW 50 billion.