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(영문) 서울동부지방법원 2015.04.14 2013가합105128

손해배상(기)

Text

1. Defendant B’s KRW 1,00,000,000 as well as 5% per annum from August 18, 201 to January 12, 2015 to the Plaintiff.

Reasons

1. The following facts can be acknowledged in light of the following facts in light of Gap evidence Nos. 1 to 8, Eul evidence No. 1, Eul evidence No. 2-1 to 5, Eul evidence No. 2, and the purport of the whole pleadings.

On June 16, 1978, the Plaintiff was established for the purpose of manufacturing electronic parts, etc., and was listed on the KOSDAQ market around January 10, 2001.

From March 2, 2011 to March 4, 2013, Defendant B served as the Plaintiff’s internal director and vice-chairperson and took charge of accounting and financial management affairs.

B. On April 6, 201, the Plaintiff was granted a loan of KRW 2,00,000,000 from the E-value Savings Bank (hereinafter “E-value Savings Bank”), and was established a pledge as to the KRW 4,567,024 of its own stocks held as security. Since then, as the Plaintiff’s stock price decline and the security value of the above treasury stocks offered as security, the E-value Savings Bank requested partial repayment of the above loan. Accordingly, on July 6, 2011, the Plaintiff repaid KRW 250,000,000 out of the above loan.

C. Around August 201, 201, the Plaintiff requested a bank for additional loans, but the bank refused to do so, and Defendant B, at that time, reported to D, a representative director of the Plaintiff and E, a director of the company, and the chairman of the board of directors, to whom the Plaintiff had been the representative director of the company and E, who was the director of the company and the chairman of the company.

Defendant B borrowed KRW 1,00,000,000 from F on August 16, 201, and paid KRW 1,000,000 to Ep Savings Bank on the same day, and repaid KRW 1,00,000,000 out of the Plaintiff’s above loan obligations to Ep Savings Bank. Of the Plaintiff’s own stocks offered as security to the said Bank, Defendant B released a pledge on KRW 2,70,000,000 at the time corresponding to the amount repaid.

Defendant B as above.