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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff, from August 2004 to August 2012, 2012, was holding as the representative director of Non-Party B Co., Ltd. (hereinafter “B”) and held 51.5% of B’s outstanding shares, and transferred the management right of Non-Party B to C with the aforementioned shares owned around August 2012.
B. On August 13, 2014, the Plaintiff was sentenced to a suspended sentence of three years for a two-year period of imprisonment in the Daejeon District Court Branch of Daejeon District Court (Seoul District Court Branch of Daejeon District Court Branch of 2013 Gohap293), and the said judgment became final and conclusive around that time, for the following reasons: (a) the Plaintiff embezzled the sum of KRW 1,321,106,640 (hereinafter “instant embezzlement”).
① Embezzlement, which pretended to be paid by a certified judicial scrivener for D: around November 10, 201, the Plaintiff concluded a false business agreement and advisory agreement with D and embezzled 33,000,000 won by pretending to be performed on November 16, 201 as if the said agreement were performed.
② Embezzlement, which pretended to pay advisory fees to the Bank Co., Ltd., Ltd. and (State Co., Ltd.): around 2011, the Plaintiff embezzled the advisory fees of KRW 257,400,000 in total from 2011 to 2012 (=the advisory fees of KRW 114,400,000 in total with respect to the Bank Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd. Co., Ltd., Ltd., Ltd., for KRW 143,00,00 in total,00 in total, as the Plaintiff entered into a false
③ The embezzlement, which pretended to pay the fee for the credit loan to the Dispute Resolution Co., Ltd.: (a) around 201-201, the Plaintiff paid the credit loan fee to the Dispute Resolution Co., Ltd., a credit loan trustee, in excess of 30,000,000 won in December 201, 201; and (b) up to September 5, 201, the amount raised in the same way was refunded to E around 400,000,000 won in total, and 30,000,000 won in total, from September 5, 2012 to E., and 50,000 won in total.
(4) Payment to H shall be made by a certified judicial scrivener.