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1. The Plaintiff:
A. Defendant B, C, and D are jointly and severally liable for KRW 1,240,33,00 and KRW 840,33,00 among them.
Reasons
1. Basic facts
A. 1) The Plaintiff is an agricultural company for the purpose of distributing, processing, and selling agricultural products. At the time of incorporation on January 30, 200, the Plaintiff worked as the Plaintiff’s representative director from January 31, 200 to December 21, 201, with its trade name changed to “FF corporation of a stock company” on April 2, 2002, “G corporation of an agricultural company” on April 7, 2008, and as of April 10, 2012.
Defendant C served as the Plaintiff’s director from September 2, 200 to September 28, 2007, and as the Plaintiff’s auditor from September 28, 2007 to August 27, 2010.
Defendant D worked as Defendant B’s children, from September 28, 2007 to August 27, 2010, as Plaintiff’s director, from August 27, 2010 to December 21, 201.
Defendant E served as Defendant B’s representative director from September 28, 2009 to December 21, 2011.
B. Defendant B, D, and C shall aggregate of KRW 33,33,00,00 in total and KRW 435,00,00 in the GAP warehouse subsidies and distribution facilities and equipment subsidies received from the 8th business year (from July 1, 2005 to June 30, 2006) in the 7th business year (from July 1, 2005 to June 30, 2006) and KRW 720,000 in the 9th business year (hereinafter referred to as “each of the above subsidies”).
(2) On September 1, 2008, the Defendants distributed to shareholders KRW 1,371,877,558, based on the result of settlement that was excessively appropriated for net income as above, as the result of the settlement that was appropriated for net income during the pertinent fiscal year, in a way of appropriating B as the non-business profit during each fiscal year, and counted an excessive net income during each fiscal year. This is a distribution of KRW 840,33,00,00,00, which is the actual distributable profit during the pertinent fiscal year, more than KRW 531,54,558.
C. Defendant B and E for the 11-year business year (hereinafter “1-year business year”). Defendant B and E for the 11-year business year (from July 1, 2009 to June 1, 2010).