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1. The main plaintiff's lawsuit shall be dismissed;
2. The defendant shall pay to D Co., Ltd. KRW 783,553,940 and its amount on April 2017.
Reasons
1. Basic facts
A. D Co., Ltd. as the parties to the dispute (hereinafter “D”) is a company established on November 6, 2006 for the purpose of wholesale and retail business, etc. of non-metallic metals, single heat materials, and landscape gardening materials, and D’s total number of issued stocks is 40,000 shares from February 2, 2009 to February 1, 200, and the defendant is the representative director of the above company.
On December 30, 2007, the primary plaintiff is a person who became a member of D and works as the head of planning office, and on December 30, 2010, retired. The primary plaintiff is a spouse of the primary plaintiff, who holds 10% (4,000 shares) of shares issued by D in the register of shareholders.
B. On July 27, 2012, the Defendant was issued a summary order of KRW 10,000,000 for the following facts constituting the crime from the Gyeyang Branch of Suwon District Court (Seoul High Court approximately 2012 High Court approximately 3825) and the said summary order became final and conclusive around that time.
(2) On January 30, 2008, the Defendant, as the representative director of D, who sells Bodore, has overall control over the company’s business, including execution of funds. However, in early 2008, the Defendant embezzled and embezzled the funds by using the funds as a voluntary bonus to G, director of the company, etc., who is a shareholder of the said company, for the purpose of purchasing the funds, and issuing an invoice for purchase of the funds, and return the over-paid amount to cash from the customer rather than purchasing the goods, or by registering the non-employee as an employee, and returning the funds that he/she would have paid for the most of the payment of the funds. On January 30, 2008, the Defendant received a return in cash of KRW 3,750,000 from E’s representativeF as the false amount of goods, from February 1, 2011, while a punishment was kept for raising funds equivalent to KRW 442,548,890,000.
C. On June 16, 2015, the first preliminary Plaintiff filed a claim for a lawsuit is the remuneration for the director to the auditor of D.