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(영문) 창원지방법원통영지원 2016.08.25 2015가합11393
손해배상(기)
Text

1. The Defendant’s KRW 18,409,171,704 and its weight, among the Plaintiff:

A. Of KRW 4,707,461,380, the “amount” column in attached Table 1 shall be stated respectively.

Reasons

1. Basic facts are companies with the purpose of shipbuilding, remodeling, and repairing business of the Plaintiff. The Defendant, from February 28, 2004 to July 12, 2006, served as the representative director of the Plaintiff from March 31, 2009 to March 30, 2012, and in fact, took overall control of the Plaintiff’s overall business as the actual owner.

[Reasons for Recognition] A without dispute, entry of evidence No. 269, purport of the whole pleadings

2. Determination:

A. According to the evidence evidence Nos. 269 and evidence Nos. 270-1, 2, and 3 of the damages claim part, the defendant, around August 5, 2005, transferred 11,000,000 won from the bank account (C) in the name of the plaintiff to the bank account (D) in the name of the defendant to the bank account in the name of the defendant, and during his/her business custody, he/she was found to have been voluntarily consumed for the payment of KRW 5,00,000 of the insurance premium of the Hyundai Marine and Fire Insurance (Class 6) purchased under the name of the defendant on August 10, 2005 and then used for the payment of KRW 5,00,000 from August 7, 2009 to the court below's judgment Nos. 2707,707,461,380, which became final and conclusive by the defendant's judgment No. 21615, Dec. 27, 2016

On August 5, 2005, the method of embezzlement (original embezzlement) of 100,000 (C) transfer to the Defendant’s bank account (D) account in the custody of us Korean bank (C) on August 5, 2005, and transfer the Defendant’s insurance premium to the Defendant’s bank account (D) in the custody of us bank (C) on November 28, 2005, and transfer the Defendant’s insurance premium to the Defendant’s bank account (C) on May 10, 2006.

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