손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s basic facts have been operated as a company for the purpose of drilling business, which received orders from the drilling Corporation and entrusted it to the Plaintiff’s director, etc., and part of the construction price was paid as profits.
From August 2, 2007 to November 1, 2013, Defendant B served as the Plaintiff’s representative director. The Defendants were the Plaintiff’s internal directors from August 2, 2007 to February 20, 2014.
On August 20, 2013, the Defendants established D Co., Ltd. (hereinafter “instant company”) for the purpose of drilling business, etc., Defendant B was the representative director, and Defendant C was the inside director, respectively.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), purport of whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. Defendant B, while serving as the representative director of the Plaintiff, embezzled total of KRW 132,585,594 of the Plaintiff’s funds, and thus, the said Defendant is liable for compensating the Plaintiff for damages incurred therefrom.
1) From 2012 to 2013, E, a non-registered director of the Plaintiff, has been entrusted with the drilling construction of KRW 112,043,558 (i.e., the total construction cost of KRW 36,450,00 in 2012) (i.e., KRW 75,593,558 in 2013). Nevertheless, Defendant B, by paying KRW 16,351,980 in total to E, embezzled the difference of KRW 54,308,442 (i.e., KRW 16,351,980 in - KRW 112,043,558 in - KRW 112,043,558 in 2012) from the Plaintiff to the total construction cost of KRW 119,556,751 in 2013 (i.e., the total construction cost of KRW 2017,547,297
Nevertheless, Defendant B, by paying F the sum of KRW 146,83,903 to F, embezzled KRW 27,277,152 (i.e., KRW 146,83,903 - KRW 119,56,751).
3) Defendant B and G (Defendant B’s birth together) are H Co., Ltd. (hereinafter “H”).
manufacturing machinery to be paid to him;