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(영문) 대구지방법원김천지원 2017.04.14 2015가합16012
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff in relation to KRW 231,847,898 and KRW 14,708,128 among them, from June 22, 2013 to June 17, 177.

Reasons

1. Basic facts

A. Defendant C, as the representative director of the Plaintiff, has overall control over the Plaintiff’s overall business management, and Defendant C, as the Plaintiff’s internal director, was in charge of the Plaintiff’s accounting and management.

B. The Defendants, from the Plaintiff’s bank account, withdrawn the sum of KRW 1,682,238,370 in total under the name of provisional payment (hereinafter “instant withdrawal”) and embezzled it for personal purposes, such as repayment of debt, etc. (this Court Decision 2016No. 119). The Defendants were convicted on January 24, 2017, and the judgment became final and conclusive.

After transferring KRW 150,00,000 to the Agricultural Cooperative Account under Defendant B’s name on December 28, 2011, KRW 150,000,000,000,000,00 for temporary use of KRW 15,50,000 to the Agricultural Cooperative Account under Defendant B on December 29, 201, at will, after arbitrarily transferring KRW 150,000,000 to KRW 36,00,000,00,000,000 to KRW 36,50,000,000,000 to KRW 36,00,000,000 to KRW 3,50,000,000,000 to KRW 36,50,000,00,000 to KRW 36,50,000,00,00 to KRW 36,5,000,00.

C. On June 2, 2013, E received a decision to permit the convening of a special shareholders’ meeting (Seoul High Court Decision 2012Ra48) and held a special shareholders’ meeting on June 27, 2013.

The defendants mobilization the employees of security business to interfere with the holding of the above provisional shareholders' meeting and to find management rights as the plaintiff's funds.

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