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(영문) 서울중앙지방법원 2016.08.18 2012가합83587
손해배상
Text

1. The defendant shall pay to the plaintiff KRW 1,495,964,585 and KRW 20,000 among them, from September 3, 2008, KRW 30,000,000.

Reasons

1. Basic facts

A. Status 1) A Co., Ltd. (hereinafter “A”)

(2) The Defendant is a company established on December 13, 2005 to conduct the business of building a golf course, selling membership, operation of a golf course, etc. at the D members of Scheon-si. (2) The Defendant is a person who comprehensively takes charge of all of the financial affairs related to the implementation of the F-TA club creation project (hereinafter “instant project”) performed by E Co., Ltd. (hereinafter “E”) while working as A’s representative director from March 23, 2006 to November 16, 2010.

From September 10, 2007 to January 31, 201, the Defendant served as the representative director of G Co., Ltd. (hereinafter referred to as “G”), the purpose of which is to operate a golf course from September 10, 2007 to January 31, 201, as G Co., Ltd. (H to November 12, 2008).

3) On February 15, 2016, after the filing of the instant lawsuit, A received a decision on commencing the rehabilitation procedure as the Changwon District Court 2016 Ma1006, which was the date of filing the instant lawsuit, and the Plaintiff taken over the instant lawsuit as the custodian. B. The Plaintiff, a major shareholder of the Defendant, was informed that E, a major shareholder of the instant lawsuit, voluntarily withdrawn A’s funds from G account or in cash and was useful, and the Defendant was dismissed through a resolution of the general meeting of shareholders around November 16, 2010.

A around that time, the defendant was accused of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by the Seoul Southern District Prosecutor's Office in 2010, but the defendant was accused of a non-prosecution disposition by the Seoul Central District Prosecutor's Office on March 11, 201.

(B) (No. 1. 2) A filed a criminal complaint against the Defendant on the ground of the same offense under the name of the Seoul Central District Prosecutors’ Office (No. 68601), but the Defendant was subject to a non-prosecution disposition on July 23, 2012 on the ground that he/she was not guilty (Evidence 2) by the Seoul Central District Prosecutors’ Office (Evidence 2) (Evidence 2). Accordingly, A’s investigation and decision on non-prosecution is unreasonable.

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