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(영문) 대전지방법원 2014.11.20 2013가합10301
손해배상(기)
Text

1. The Defendant’s KRW 15,965,651 as well as 5% per annum from September 21, 201 to November 20, 2014 to the Plaintiff.

Reasons

The basic fact is a company with the objective of CATV broadcasting business and art and culture business in the Chungcheong zone.

The defendant was appointed as the plaintiff's director on August 3, 199. On May 10, 2001, the defendant was appointed as the representative director of the plaintiff. On June 30, 2013, the defendant served as the representative director and the president until the resignation of the representative director and the inside director.

Around 204, the Defendant, even though the Plaintiff did not enter into a contract for construction work with C (hereinafter “C”), did not make a false statement of construction work contract with C (hereinafter “C”) and, as if he received construction work, remitted money to C for the purpose of the payment of construction work, did not appear to have been used for the purpose of managing the account in the name of C and as necessary.

On June 2, 2004, the Defendant directed D, the president of the Plaintiff’s management, and had D prepare a false construction contract form “F”, which constitutes “F,” which constitutes “F,” which is the representative director of C, and on April 15, 2004, changed the said construction contract into KRW 830,144,02 (hereinafter “instant construction contract form”).

From April 12, 2005 to December 29, 2005, the Plaintiff transferred KRW 830,144,002 to C account for construction cost over a total of 13 times from April 12, 2005, and the Defendant raised the funds with the said funds (hereinafter “instant funds”).

【In light of the Plaintiff’s claim-making on the facts without any dispute, the entries in Gap’s evidence Nos. 1 through 4, and the ground for claim-making of the entire pleadings, the Defendant, based on a false construction contract, created funds by having the Plaintiff remit KRW 830,144,002 to the C account, and used KRW 152,023,00 among them for personal purposes, and was committed an illegal act of occupational embezzlement, such as taking over shares of G Co., Ltd. (hereinafter “G”) for the remaining non-financial resources, as compensation for damages to the Plaintiff.

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