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1. Defendant B and C jointly share KRW 860,00,000 with respect to the Plaintiff and the Plaintiff from December 27, 2012 to October 25, 2013.
Reasons
1. The following facts of recognition may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1, 5 (including each number), Eul evidence No. 20 and the whole purport of the pleadings:
The plaintiff is a juristic person whose main business purpose is timber and joint wholesale retail business, and defendant B is the plaintiff's accounting and representation from November 15, 2002 to February 28, 2013, and defendant C is the director in charge of the plaintiff's accounting and accounting from November 22, 2002 to April 2013.
B. Defendant B and C conspired to withdraw funds from the Plaintiff’s corporate account in a false manner, without depositing funds from the Plaintiff’s corporate account into the Plaintiff’s corporate account, or prepare and account a false check, or withdraw funds from the Plaintiff’s corporate account in a manner of withdrawing funds from the Plaintiff’s corporate account, etc. from January 2, 2008 to December 27, 2012, Defendant B and C was indicted for committing the crime of arbitrarily consuming funds of KRW 7,029,50,000 owned by the Plaintiff, which were in business custody, and the court of first instance convicted Defendant B and C of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on August 21, 2013, and sentenced the said Defendants to six years of imprisonment.
[In Incheon District Court Decision 2013Gohap266, 273(combined)]. (c)
Defendant B and C appealed against the judgment of the first instance court, but the appellate court rendered a judgment dismissing all appeals by the said Defendants on December 6, 2013 (Seoul High Court Decision 2013No2745), and around that time, the said judgment of the first instance became final and conclusive.
Meanwhile, in the course of the investigation or trial of the above embezzlement case, Defendant B paid the amount of KRW 738,891,317 to Defendant B, and Defendant C paid to the Plaintiff a sum of KRW 800,000,000 to the Plaintiff as a repayment statement for the embezzlement amount during that period.
2. According to the above facts of recognition as to the claim against the defendant B and C, the defendant B and C shall be jointly owned by the plaintiff.