beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The parties’ related Plaintiff is an investor and creditor of the non-party F Co., Ltd. (hereinafter “non-party F Co., Ltd.”), and the defendant B Co., Ltd. (hereinafter “Defendant B”) was bound by the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). As the so-called “F situation” in which investors in the non-party company suffered losses from the non-party company’s failure to recover the investment amount equivalent to KRW 228.4 billion, the company was established on June 200 to settle investors’ losses by taking over the non-party’s affiliate and the assets owned by the non-party company.
In addition, Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company established by H around March 2001, which was the representative director of Defendant B, and Defendant D was a director of Defendant B, who was in charge of the overall affairs such as asset management and custody, and Defendant E was a vice-director in charge of the financial affairs of Defendant B.
B. The plaintiff filed a payment order against the non-party company with Busan District Court, and the non-party company filed an application with the plaintiff to pay to the plaintiff the amount calculated at the rate of 48% per annum from February 1, 2000 to the date of complete payment (hereinafter "the payment order of this case") and the expenses for demand procedure. The payment order of this case was issued on November 1, 2001 and confirmed on November 18, 2001.
C. Defendant D and E’s embezzlement of and conviction against Defendant B’s funds in Busan District Court (201Gohap698) on March 16, 2012, Defendant D and E were sentenced to imprisonment for six years, and Defendant E were sentenced to imprisonment for four years, on July 18, 2012, by means of voluntary transfer or direct withdrawal of cash or deposits from among the assets acquired by Nonparty Company’s affiliates or the assets acquired from said G from Nonparty Company’s affiliates to the Defendant C’s bank account. The crime of embezzlement of KRW 5,809,59,239 was committed by Defendant B’s cash or deposits to the Defendant C’s bank account. The aforementioned Defendants appealed on July 18, 2012.