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1. Of the Plaintiff’s lawsuit against Defendant B, KRW 640,728,00 and damages for delay from May 12, 2017.
Reasons
1. Facts of recognition;
A. Defendant B was the representative director of Company D (hereinafter “D”) from January 24, 2013 to March 18, 2014, and is currently the representative director of Company E.
Defendant C worked as a financial director in D from April 2012, but was in charge of D’s representative director from March 18, 2014.
The Plaintiff accepted D and transferred the representative director to Defendant B by January 24, 2013, and then appropriated D’s operating funds with its own tuition fees, etc. while he transferred the representative director to Defendant B, and himself transferred the former to his lectures.
B. The Defendants, around March 2013, deposited KRW 502,00,00 in the Plaintiff’s bank account under the name of the Defendant B, and deposited KRW 230,000 in the Plaintiff’s bank account through D’s account to use the insurance termination money for D’s operating funds and Defendant B’s personal funds. From March 12, 2013, the Defendants received KRW 518,141,612 from F to the Plaintiff’s national bank account under the Plaintiff’s custody, and transferred KRW 502,00,000 to the Defendant’s bank account. On the same day, the Defendants arbitrarily transferred KRW 230,00,000 to the Plaintiff’s national bank account through D’s account, and then arbitrarily transferred KRW 20,000,000 to the Plaintiff’s private bank account under the name of the Defendant B bank account, one of the remainder of KRW 20,000,000,000 in the Plaintiff’s retirement benefits account.
C. Defendant B instructed Defendant C to withdraw KRW 128,728,00 as an apartment contract deposit from the Plaintiff’s account in the name of the Defendants, and Defendant C embezzled the Plaintiff’s funds by withdrawing KRW 128,728,00 from the said account on September 14, 201 and delivering it to Defendant B.
Defendant B is above Defendant C.