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1. The Plaintiff:
A. The Defendants jointly share KRW 3,875,00,000 and Defendant C from July 20, 2015 with respect thereto.
Reasons
1. Facts of recognition;
A. Defendant C was the Plaintiff’s representative director from July 15, 2015 to March 30, 2016, and is currently the representative director of Nonparty H Co., Ltd. (hereinafter “H”).
Defendant D introduced Defendant G and F to Defendant C, and Defendant F is the representative director of Defendant E (hereinafter “Defendant E”) from March 31, 2015 to March 31, 2015, and Defendant G is the vice-chairperson of Defendant E.
B. On May 18, 2015, Defendant C entered into a “contract on acquisition of stocks and management rights” with Nonparty C, who was the largest shareholder of the Plaintiff, to acquire the Plaintiff through H on May 18, 2015. The content thereof is that Defendant C and H purchase of KRW 1,396,378 of the Plaintiff’s shares issued by the Plaintiff at KRW 25.3 billion, and I are appointed as directors and auditors at the Plaintiff’s extraordinary general meeting of shareholders. Defendant C was appointed as the Plaintiff’s internal director and representative director at the Plaintiff’s interim general meeting of shareholders on July 15, 2015. 2) Defendant C introduced Defendant C, and borrowed KRW 25.3 billion from Defendant C and other 3,000,000,000 from Defendant D around June 1, 2015 in order to raise funds for purchase of contractual shares.
C. On July 20, 2015, the Defendants’ embezzlement 1, 250,00 won of the Plaintiff’s shares on July 20, 2015, upon Defendant G and F’s request, Defendant C prepared a power of attorney to delegate the Plaintiff’s shares on July 20, 2015, to Nonparty C with the authority to real sell the Plaintiff’s shares, which was in the name of the Plaintiff’s account (Account Number J). On the same day, K delivered 250,00 shares owned by the Plaintiff to Defendant C. (2) on July 20, 2015, Defendant C delivered 250,000 shares of the Plaintiff to Defendant G to repay the borrowed amount of KRW 2.3 billion from that place, and Defendant C prepared a certificate of proxy to Defendant C, which was in the process.