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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, D, and E’s status 1) The Plaintiff is a corporation engaged in the construction, remodeling, repair, dismantling, distribution, etc. of a vessel, and upon receiving a request from a vessel owner, etc. for the provision of goods such as incidental goods, etc., the Plaintiff is a corporation F (hereinafter “F”).
2) Since 2006, D was retired on October 31, 2015 while performing the duties of purchasing incidental goods and providing accommodation for the dispatched personnel and the dispatched technicians as the vice head of PM1 division of the Plaintiff’s drilling project, and E was in a relationship with D from around 2010.
B. D’s breach of trust and D’s establishment 1) D’s establishment, as the vice head of PM1 division of the Plaintiff’s drilling Line, violated his/her duties and received a request for the provision of ancillary equipment from a prior injection, etc. during several thousands of time from May 31, 2008 to October 31, 2015. However, even though the F had not received a request for the provision of ancillary equipment from a prior injection, D and E acquired a financial benefit of at least five billion won in total by pretending that he/she received a request for the provision of ancillary equipment from a prior injection, etc. using a false transaction list received from a supply company, and caused financial loss equivalent to the Plaintiff. 2) D and E established C’s establishment, around March 4, 2015, D had acquired a real estate lease and sales business for the purpose of acquiring and selling real estate (hereinafter “C”). D’s each 10,000,600 shares, and each 300 shares issued by C.
3) From the time of establishment to April 27, 2015, C served as the representative director, and from April 28, 2015 to March 15, 2016, E and D served as the joint representative director. C. D and E, together, from March 11, 2015 to May 4, 2015, as the account in the name of C, KRW 3,540,000 out of the profits acquired by D from breach of trust as above.