beta
Text
1. The Defendants jointly share KRW 300,000,000 with the Plaintiff as well as 5% per annum from June 16, 2016 to April 11, 2018.
Reasons
1. Basic facts
A. 1) The Plaintiff (mutual name before the change on September 2, 2016: D) is a company that operated the “E casino.” The Defendants were registered as the Plaintiff’s intra-company director on December 15, 2009 or September 30, 2012. (2) The Defendants held 25% of the Plaintiff’s shares in the name of Defendant B, and held 15% of the Plaintiff’s shares in the name of Defendant C, and Company G held 15% of the Plaintiff’s shares in the name of Defendant C, and held as the Plaintiff’s president, respectively, and three of them and H (the Plaintiff’s representative director) actually operated the Plaintiff Company.
B. On April 4, 2012, the Plaintiff entered into a contract with the International Limited Company on the transfer of all the pertinent casino operating rights and related assets to KRW 15,00,000,000. On June 2, 2012, F and G received total sum of KRW 1,200,000,000 from the said Company as the down payment from June 2 to 3, 2012, F and G were voluntarily used for the repayment of personal investment and debt. 2) F and G were sentenced to three years of imprisonment on each of the facts constituting an offense including the said embezzlement, etc., and five years of suspended execution (No. 2014, 219, etc.) and both parties’ appeal [No. 2015No29, Dec. 29, 2016] and the aforementioned judgment became final and conclusive (No. 2016).
C. 1) The Plaintiff filed a lawsuit against the Defendants, F, and G seeking compensation for damages of KRW 1,900,000 with respect to the instant embezzlement (Seoul East Eastern District Court 2014Gahap11502). On May 26, 2016, the said court rendered a judgment in favor of the Plaintiff that the Defendants’ claim against the Defendants was dismissed on the grounds that the Defendants conspired with F and G cannot be deemed to have committed an embezzlement, and that “F and G jointly paid KRW 1,20,000,000 to the Plaintiff, and KRW 5% per annum from June 14, 2012 to May 26, 2016, and KRW 15% per annum from the next day to the day of full payment”