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1. Defendant B shall pay to the Plaintiff KRW 54,935,316 as well as 20% per annum from April 12, 2014 to the date of full payment.
Reasons
1. Basic facts
A. D and E are the parties’ relations and status 1) D and E, and the Defendants are punished D. 2) D established the Plaintiff that manufactured and sold the electric control devices necessary for fire-fighting vehicles, etc. on December 30, 2004. From the time of establishment to December 10, 2008, they were employed as the Plaintiff’s representative director and thereafter as the Plaintiff’s sole director, and were killed by F on February 11, 2010.
At the time, Defendant B, while working as vice president of the Plaintiff, owned 6,000 shares out of 40,000 shares issued by the Plaintiff, and Defendant C was working as the president of the Plaintiff’s research institute.
3) On March 23, 2010, Defendant B assumed office as the Plaintiff’s intra-company director by the resolution of the general meeting of shareholders on March 23, 2010, and Nonparty B took office as the Plaintiff’s representative director on May 28, 2010. Nevertheless, as Defendant B takes office as the Plaintiff’s representative director by the resolution of the board of directors on May 31, 2010, Party B filed a lawsuit against the Plaintiff seeking confirmation by asserting that the said resolution of the general meeting of shareholders was nonexistent, and that the said resolution of winning on May 12, 2011 became final and conclusive on December 9, 201, Party B is serving as the Plaintiff’s representative director from May 16, 2013 to the Plaintiff.
B. From April 201 to June 201, Defendant C’s account details 1) from April 2010 to June 201, 201, the amount of money was frequently transferred from the Plaintiff’s bank, foreign exchange bank, new bank, Industrial Bank of Korea, and national bank account to the post office and foreign exchange bank account under the name of the Defendant C. The total amount of money transferred is KRW 3,640,968,120. (2) From May 4, 2010 to December 22, 2010, the sum of KRW 134,500,000, KRW 27,000, KRW 000, KRW 500, KRW 205, KRW 1005, KRW 1005, KRW 205,005, KRW 205,005, KRW 205,005, KRW 205,005, May 29, 2010 from Defendant C’s account.