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1. Defendant B’s KRW 300,000,000 as well as 5% per annum from September 5, 201 to October 27, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the manufacturing of broadcasting, language, and audio-visual devices. Defendant B is a person who was the representative director of the Defendant from November 15, 2006 to September 21, 201, and I is the husband of Defendant B from September 21, 201 to September 21, 201.
I and Defendant B filed a lawsuit claiming divorce, division of property, or consolation money (201dhap10945, etc.) with the Seoul Family Court and received a judgment of divorce on December 2, 2015. The appellate court (Seoul High Court 2016No. 11, etc.) also rendered a judgment of divorce on June 25, 2017, and the final appeal is currently pending (Supreme Court 2017Meu948, etc.).
B. Defendant C is the mother of Defendant B, Defendant D is the mother of Defendant B, Defendant D is the father of Defendant D, Defendant F is the father of Defendant D, Defendant F is the father of Defendant D and E, Defendant G is the mother of Defendant E, and Defendant H is the father of Defendant E.
C. From January 4, 2011 to June 24, 2011, Defendant B was convicted of having embezzled KRW 795 million (20,000,000) at the Seoul Southern District Court on May 31, 2013, on eight occasions by arbitrarily transferring money from the Plaintiff’s passbook to its own account or withdrawing money in cash without the resolution of the board of directors from the Plaintiff’s passbook. The said judgment became final and conclusive on June 8, 2013.
On the other hand, on August 21, 2015, Defendant B was sentenced by the Seoul Southern District Court to pay the Plaintiff the above KRW 795 million and delay damages for the above suspicion of embezzlement, and the above judgment was finalized on October 15, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 20 (including each number, unless the number has been otherwise specified; hereinafter the same shall apply), each statement of Gap evidence Nos. 1, 2, 6, 20, and the purport of the whole pleadings
2. Defendant B, a summary of the Plaintiff’s assertion, manages the Plaintiff’s representative director from 2006 to 2011.