(영문) 서울중앙지방법원 2017.11.28 2017가합535663

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(영문) 서울중앙지방법원 2017.11.28 2017가합535663

손해배상(기) 등 청구의 소

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1. The plaintiff's action against the defendant F shall be dismissed.

2. The Plaintiff’s claims against Defendant B, C, D, and E are all filed.

Reasons

1. Basic facts

A. The Plaintiff was a single shareholder of H Co., Ltd. (hereinafter “H”), a company located in the United Kingdom of Ireland, from around 1998 to around 2009, and H is a single shareholder of H Co., Ltd. I (hereinafter “I”); and I is a single shareholder of J (hereinafter “victim”).

B. Defendant C served as the representative director of the victimized company from February 28, 2002 to August 22, 2007, and Defendant D served as the representative director of the victimized company from August 23, 2007 to September 12, 2008.

C. Defendant B, C, and D were sentenced to the following criminal facts in Seoul Central District Court Decision 2014Gohap606, and Defendant C and D were sentenced to imprisonment for four years, Defendant C and D were sentenced to imprisonment for one year and six months, respectively. Defendant B was sentenced to imprisonment for three years, Defendant C, and D were sentenced to a suspended sentence of one year and six months, respectively, and the above judgment became final and conclusive through Supreme Court Decision 2016Do1788.

1. Defendant B and C phone calls to Defendant C in the Republic of Korea on May 24, 2007 to the effect that “The Defendant C would make payment by pretending that it would be the retirement allowance of 80,000 shares of K Co., Ltd. owned by the damaged company (hereinafter “the shares of this case”) out of 440,000 shares, whichever is about 120,000 father L.” The Defendant C consented to this.

On May 28, 2007, Defendant C entered into a false credit loan transaction agreement with the above L on May 28, 2007, 2007, stating that “the loan date is KRW 845,00,000,000, and the repayment date is 9% on May 28, 2008,” and on the same day, Defendant C arbitrarily transferred 122,569 shares of the instant shares owned by the damaged company to L at the damaged office located in Songpa-gu Seoul on the same day.

B. Defendant C is at the office of the above victimized Company around May 30, 2007.

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