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(영문) 인천지방법원 2016.11.25 2015가합53175

손해배상(기)

Text

1. The Defendant: 45,754,843 won to the intervenors of co-litigation and 5% per annum from April 3, 2013 to November 25, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company running the sales and maintenance business of electronic and electronic equipment, and the co-litigants (hereinafter “joint intervenors”) are the ordinary sellers of goods and services provided by the Plaintiff, with the primary business of arranging contracts to the Plaintiff through their business activities.

The Plaintiff is a shareholder holding 100% of the shares of a joint intervenor, and the Defendant retired from office by the end of February 201, and served as a director of the joint intervenor from March 201 to February 2013 as a representative of the joint intervenor.

B. On March 29, 2013, the Defendant filed a report on the closure of a joint intervenor’s business, and the joint intervenor was appointed and operated as a new executive on March 16, 2016.

C. On April 30, 2013, the Plaintiff: (a) as a single shareholder holding 100% of the shares of the joint intervenor; (b) as a result of reviewing the accounting data submitted to the Plaintiff upon the Defendant’s request for the transfer of duties due to the Defendant’s resignation; (c) sent a certificate of content to the effect that the Defendant’s payment of meal expenses and welfare expenses paid to the Defendant for the maintenance of vehicles, 110,240, 14,81,572, E, and 22,91,000, out of the amount paid to the Defendant’s annual salary in 201, and 47,215,535, out of the amount paid to the Defendant’s annual salary in 2012, the Plaintiff submitted revised accounting data to the effect that approval

In addition, around September 22, 2014, the Plaintiff sent to the joint intervenor a certificate of content to urge the Defendant to bring an action to enforce liability against the total amount of KRW 71,137,302 that was erroneously paid to the Defendant by the Defendant’s illegal act.

As a joint intervenor did not bring an action to enforce the defendant's liability, the plaintiff brought an action against the defendant on October 2, 2014 against the joint intervenor to compensate for damages caused by the illegal act in the course of performing his/her duties.

On April 27, 2016, a joint intervenor participates in a co-litigation.