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(영문) 서울서부지방법원 2017.09.15 2017가단203353
손해배상(기)
Text

1. Defendant C is 150 million won with respect to the Plaintiffs and 15% per annum from February 25, 2017 to the day of full payment.

Reasons

1. As to Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Judgment without holding any pleadings

2. As to Defendant D and E

A. Defendant E, following Defendant D, was appointed as a representative director of F Co., Ltd. on May 3, 2012, and for the same year.

7. 31. Resignation, followed by Defendant D

9. Until April 1, 200, Defendant C was appointed as the representative director of the above company on the same day and served until October 2012.

On the other hand, the plaintiffs are married couple, and the plaintiff A was a management director of F.

The Plaintiff filed a complaint with the suspicion that the Defendants arbitrarily consumed and embezzled KRW 1.185 million while having kept the company funds of KRW 2.655 million in the original district public prosecutor’s office in Chuncheon District public prosecutor’s office, but the investigation agency dismissed the Defendants on October 15, 2014.

B. The Plaintiff asserted that the Plaintiff lent KRW 150 million to F, and that the said Defendants were liable for damages to a third party by embezzlement or misappropriation of F’s funds, and that the Plaintiff should return the Plaintiff’s loan or investment funds in accordance with the investment agreement, since the said Defendants incurred losses by embezzlement or misappropriation of F’s funds.

C. On April 25, 201, Defendant D, the representative director of the F Corporation established the fact of recognition, prepared an investment contract as follows with Plaintiff B on April 25, 201, and the individual D jointly and severally guaranteed the said contract, and the Plaintiff B paid KRW 150 million to the said company.

B The Defendants used 609 million won among 300 million won of loans of the Small and Medium Business Corporation around 2011, 58 million won among the proceeds from the sale of land for a factory for Agy Electric, and 40 million won out of the funds for the purchase of a printing machine from G companies as funds for the management of the said company, unlike the entries in the above company’s accounting documents, by using them as funds for the operation of the said company.

[Ground of recognition] Evidence Nos. 2, B-1, B-2, Eul 1 to 3, witness H, and the purport of the whole pleading

C. Pursuant to the supplementary provision to the above investment contract, F and Defendant D shall pay 150 million won to the Plaintiff at the Plaintiff’s request.

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