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(영문) 대구고등법원 2017.08.09 2017나20402
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 32,986,478 against the Plaintiff and its related thereto from December 16, 2015 to August 9, 2017.

Reasons

The scope of this Court’s trial at the first instance trial against the Defendant: ① (i) part of the embezzlement amount of KRW 56,010,000 ( KRW 32,900,000 on April 24, 2013, KRW 23,110,00 on August 26, 2013) and damages for delay thereof; and (ii) separately from August 6, 2012 to September 10, 2012, the Plaintiff sought damages for additional embezzlement amount of KRW 74,519,685 and damages for delay.

The judgment of the court of first instance partially accepted the above part of the claim for damages, and the above part of the claim for damages was dismissed.

As to this, the Defendant only appealed against the cited part of the above part of the claim for damages, the subject of the judgment by this court is limited to the claim for damages of the cited part 1 above.

On December 4, 2008, the defendant was appointed as the representative director of the plaintiff company (the trade name before the change is "C") and operated the plaintiff company with D and retired on December 2, 201.

After that, D was appointed as the representative director of the Plaintiff Company on October 25, 2013, and resigned on December 31, 2013, and again appointed as the representative director on July 30, 2014.

The Defendant, as the representative director of the Plaintiff’s company, operated in D and Dong from November 2008 to October 2013, engaged in the business of managing the Plaintiff’s passbook, etc., and embezzled KRW 56,010,000,000, which is the Plaintiff’s trading company, deposited in the Plaintiff’s IBK bank account in the name of the purchase price, and KRW 33,000,000, which is the Plaintiff’s trading company, deposited in the said account under the name of the purchase price, and embezzled KRW 32,90,000,000 on April 24, 2013; and KRW 56,010,000,000 on August 26, 2013 for the purpose of paying the Plaintiff’s debt.

On August 2014, the Plaintiff filed a complaint against the Defendant on embezzlement of the above two provisions with the Sung-gu Police Station.

The above complaint is filed.

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