The defendant is innocent. The summary of this judgment shall be notified publicly.

1. The Defendant, as the representative director of the Victim E Co., Ltd., established from May 20, 201 to December 3, 201, for the purpose of real estate development business, etc., the purpose of which was to exercise overall control over the company’s business as a summary of the facts charged.

On October 28, 2011, the Defendant withdrawn 30 million won from the head of the above corporation E office, which was deposited in the company’s funds, for the purpose of the victim corporation, and arbitrarily used it as part of the lease deposit money of the F apartment of Busan Shipping Daegu 206 Dong 3003, where the Defendant resides.

As a result, the defendant arbitrarily used 30 million won, which was kept on duty for the victim corporation, for the purpose of living expenses of the defendant.

2. Determination

A. Even though the act of assuming debt by the company is subject to the approval of the board of directors under Article 398 of the Commercial Act because the purpose of the above provision is to prevent the company and its shareholders from causing unexpected damages. Thus, the company cannot avoid its liability on the ground that the company did not approve of the board of directors, unless there was a prior consent of all shareholders to the act of assuming debt obligations.

B. (Supreme Court Decision 2002Da20544 Delivered on July 12, 2002).

According to the evidence duly adopted and examined by the court, G established E (hereinafter “E”) for the purpose of accommodation business, etc. around October 12, 201, and E purchased 1,05,000,000 won from H on January 27, 201 and paid the down payment for the purchase of 1,000,000,000 won for 1,000,000,000 won, which is the site for the construction of an officetel, from H on January 27, 201. Since the beginning of the instant office building project, G was provided with 10% of the shares of the said company from J, K, and L, which were currently promoting the said office building project, and accordingly transferred 10% of the shares of the said company to J, etc.