beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”)
A) Around September 1999, E, the representative director of E, was bound by the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced later, and there was a so-called “D situation” in which the sum of 6,532 investors could not be recovered from the investment amounting to KRW 228.4 billion. (ii) F Co., Ltd. (hereinafter “F”) was established with the purpose of settling investors’ losses by taking over D’ affiliate companies and E’s assets around June 17, 200.
B. G’s embezzlement 1) G, while holding the F’s joint representative director together with H, was an occupational duty to take charge of all the tasks, such as management and custody of F’s assets, and to distribute F’s assets fairly to the victims. Nevertheless, G, etc., separate from F around March 2001, is called “I” (hereinafter “I”).
The G established G, and the J, from August 13, 2003 to August 28, 2008, upon acquiring the assets from D’s affiliated company or E, the F voluntarily remitted or directly withdraws the F’s total amount of KRW 5,809,59,239 from among the assets acquired from D’s affiliated company or E to the I’s deposit account, and embezzled the F’s arbitrarily consumed and embezzled it. (ii) G was indicted for the aforementioned criminal charges, and the Busan District Court sentenced G to the penalty of KRW 7 years and KRW 532 million on January 22, 2016.
(2015Gohap411). The Busan High Court sentenced G to a judgment ordering the collection of a surcharge of KRW 8 years and KRW 532 million (200 million) in consideration of other consolidation cases with G on July 20, 2016 (2016No69, 182). The above judgment became final and conclusive around that time.
C. The Defendants, 1 of the creditor subrogation lawsuit by the Defendants, are the investors of D, and F was established for the purpose of protecting the investors of D, and the relationship with investors D including the Defendants’ obligations against D is all F.