beta
Text
1. 1/2 shares among the real estate listed in paragraph 1 of the attached Table between the defendant and D and real estate listed in paragraph 2 of the attached Table.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established on March 20, 1997 for the purpose of manufacturing and selling various automobile parts, and D is a person who was a director of the Plaintiff from December 26, 2007 to August 31, 201.
B. Around 2010, D and the Plaintiff’s representative director, E, F, and G held the Plaintiff’s board of directors and resolved to lend KRW 2,850,524,746 to the Plaintiff’s “H” corporation located in Washington.
C. In the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust), E, F, and D, Seoul Western District Court Decision 2013Gohap15 (Seoul Western District Court) on September 5, 2013, the crime was committed that “E, F, and D conspired to make loans in violation of the Plaintiff’s occupational duties as the director and caused H and E to obtain monetary benefits of the loan amounting to KRW 2,850,524,746 and incurred property damage equivalent to the Plaintiff.” The EF was sentenced to two years of imprisonment, and D was sentenced to three years of suspended sentence in June, respectively.
As to the judgment of the first instance, E, F, and D appealed on the ground of unfair sentencing (Seoul High Court 2013No2924), the appellate court reversed the part concerning E and F in the judgment of the first instance on December 26, 2013, and sentenced E and F to a suspended sentence of two years, respectively, and dismissed D’s appeal, and the said judgment of the appellate court became final and conclusive.
G In addition, in the case of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) in the Incheon District Court 2014Gohap210 on January 15, 2015, the judgment of conviction was rendered for the same criminal facts as the E, F and D.
E. The Plaintiff filed a lawsuit for damages against E, F, D, and G by asserting that lending money to E, F, D, and G constitutes an act of breach of trust against the Plaintiff (Seoul District Court Decision 2014Gahap100132), and the said court rendered a judgment on June 3, 2016 that “E, F, D, and G jointly and severally pay to the Plaintiff the amount of KRW 2,850,524,746, and damages for delay thereof,” (hereinafter “instant judgment”).