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(영문) 서울중앙지방법원 2019.04.05 2017가합538525
손해배상(기)
Text

1. The defendants jointly pay 5% a year from June 15, 2016 to April 5, 2019 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and E (hereinafter “E”) are companies established for the purpose of drug wholesale business, etc. The Plaintiff’s representative director F and Defendant B are siblingsed. Defendant C is the Plaintiff’s representative director, Defendant C was the external third village of Defendant B and F, and Defendant C was the former representative director of E until July 8, 2016, and Defendant D is the wife of Defendant B.

B. As the network G died on June 1, 2015, there was a dispute over the management right between Defendant B and F, who is one of them.

C. On June 13, 2016, F transferred KRW 2.65 billion from the E’s Hbank account to the Plaintiff’s account in order to repay the Plaintiff’s obligations to the Plaintiff.

Defendant B thought that F would deduct the above transfer from E’s property, and (f) in collusion with Defendant C and Defendant D who was the representative director of the Plaintiff, Defendant B transferred KRW 680 million out of the above transfer from the Plaintiff’s account to the H bank account in the name of E and the Defendant D account in the name of Defendant B on June 15, 2016.

E. Defendant B was sentenced by the Seoul Central District Court on November 24, 2017 to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of interference with business, one year and six months, and two years of suspended execution.

(Seoul Central District Court 2017Gohap358). Defendant B appealed and filed a final appeal; however, on November 9, 2018, the final appeal was dismissed (Seoul High Court 2017No3706), and on January 10, 2019, the final appeal was dismissed (Supreme Court 2018Do1845).

On June 15, 2016, Defendant B conspired with Defendant C and Defendant D, and transferred KRW 680 million to the H bank account in the name of Defendant B, by voluntarily withdrawing KRW 680,000,000,000,000 from the H bank account in the name of H bank at the first floor of the Songpa-gu Seoul International Building, to the H bank account in the name of Nonparty B. On the same day, around 14:31 on the same day, Defendant B transferred the above KRW 680,000,000 to the H bank account in the name of Nonparty B.

Since then, around December 15, 2016, Defendant B, Defendant C, and Defendant D are Defendants B. as above.

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