1. Defendant B’s motion to intervene in the Intervenor’s motion

2. The plaintiff's claim against the defendants.

Facts of recognition

On August 12, 2015, H Co., Ltd. (hereinafter “H”) entered into a contract with the contractor I Co., Ltd. by setting a contract amount of KRW 6 billion (excluding value-added tax) with regard to the J service duties.

Plaintiff

On September 1, 2015, the company entered into an agreement on the business partnership with H on the provision of information, business linkage, joint promotion of profit-making business, etc.

Plaintiff

On December 7, 2015, the Company transferred the above KRW 1.65 billion to Defendant B (hereinafter “Defendant Company”) immediately after receiving a total of KRW 1.65 million from H. A. In addition, the Company transferred the above KRW 1.65 billion to Defendant B (hereinafter “Defendant Company”).

The deceased K (hereinafter referred to as “the deceased”) served as the representative director of the Defendant company from September 1, 2014 to January 9, 2017 (the deceased was a joint representative director from September 1, 2014 to April 23, 2015, and at the same time L resign from office on April 23, 2015, the deceased and Defendant F were the respective representative director until the deceased resigned from office on January 9, 2017; Defendant F retired on April 12, 2017; Defendant F was the representative director of the Defendant company from April 23, 2015 to April 12, 2017).

On the other hand, the deceased died on October 27, 2017, and there are Defendant C, Defendant D and E, the spouse of the deceased.

After the death of the Deceased, L and M were the actual operator of H on November 13, 2017, which were the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and N was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). The representative of the Plaintiff company was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), L on May 17, 2018, M was sentenced to four years of imprisonment, and N was sentenced

Seoul Southern District Court 2017Gohap534, 572 (Joint). L, M and N appealed appealed on January 11, 2019, L and M’s allegation of unfair sentencing was accepted, but L and M were sentenced to three years and six months, respectively, and N’s appeal was dismissed.

The Seoul High Court (Seoul High Court 2018No1522). M and N re-appeal, but the Supreme Court rendered a judgment dismissing appeal on May 16, 2019.