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(영문) 수원지방법원평택지원 2017.11.30 2016가합10539
손해배상(기)
Text

1. The Defendant shall pay the Plaintiff KRW 772,00,000 and the interest rate of KRW 15% per annum from June 29, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a medical corporation located in Ansan-si, and the Defendant is a director of the Plaintiff, who served from December 30, 2015 to June 28, 2016.

B. On March 31, 2016, the Defendant remitted KRW 250 million from the Plaintiff’s account to D’s account. On May 2, 2016, the Defendant deposited KRW 50 million into each Plaintiff’s account. (2) On April 26, 2016, the Defendant prepared a written confirmation that “A shall have withdrawn KRW 250,000,000 in order to pay personal debts without obtaining approval from the Foundation’s board of directors” (hereinafter “written confirmation”).

3) On the same day, the Defendant prepared and signed a letter of undertaking to repay KRW 250 million to May 10, 2016. (c) On the same day, the Plaintiff and the Defendant and one other (hereinafter “the instant dormitory”) concluded a lease agreement with the term from December 1, 2015 to November 30, 2017, stipulating that “The Plaintiff and the Defendant signed the lease agreement with the term from December 1, 2015 to December 30, 2017, with respect to the G land and the building on the ground (hereinafter “instant dormitory”).

2) On February 2, 2016, the registration of ownership transfer was made in the name of the Defendant on the grounds of sale on December 24, 2015, with respect to Hdong and I Dong G ground building in Ansan-si, G. 3) on July 22, 2016 between the Plaintiff and the Defendant, the Defendant filed an application for permission for disposition of fundamental property with the purport that, on July 30, 2016, the Defendant would provide the bank with a deposit money of KRW 200 million (the payment date July 29, 2016), monthly rent KRW 7 million (hereinafter “instant lease contract”), etc., for the instant dormitory in Ansan-si, with a lease contract of KRW 7 million (hereinafter “instant lease contract”).

4. On September 20, 2016, the Defendant reported the change of the Plaintiff’s corporate seal impression.

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