(영문) 수원지방법원 2019.01.30 2018가단518475

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(영문) 수원지방법원 2019.01.30 2018가단518475

손해배상(기)

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1. The plaintiff

(a) Defendant B: 79,000,000 won;

B. Defendant C is jointly with Defendant B and jointly with KRW 57,00,000,000,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in telecommunications equipment wholesale and retail business, and mobile program development business, and Defendant B served as an internal director of the Plaintiff Company from September 3, 2014 to February 28, 2017, and was in charge of the management and business of the Plaintiff Company’s funds, employees.

B. On January 19, 2018, Defendant B was sentenced to imprisonment with prison labor for the crime of occupational breach of trust at Suwon District Court on January 19, 2018, and two years of suspended execution (No. 2017Da7335), and the above judgment became final and conclusive around that time.

Under the following, the defendant B is the defendant, and the victim company is the plaintiff.

1. The Defendant, as an internal director of the victim company, has an occupational duty to use the property of the victim company as appropriate for projects or purposes necessary for the victim company, as a director of the victim company (hereinafter “crime 1”), on March 17, 2014 without any special reason, remitted KRW 3,00,000 of the company’s funds in the victim company’s bank account (Account Number:F) from that time to August 19, 2015 by remitting KRW 57,00,000 in total from that time, from that time to August 19, 2015, the Defendant acquired financial benefits equivalent to the above amount to C by transferring the company’s assets to the victim company by means of the same method, and caused property damage equivalent to the above amount to the victim company.

2. The Defendant, as an internal director of the victim company, uses the property of the victim company as an appropriate business or use necessary for the victim company, and, even if lending or investing is made, checks the borrower’s credit standing and the actual use of the borrowed amount, and comprehensively examines the possibility of recovery, such as receiving sufficient collateral from the clients, and thereby making the loan principal and interest repaid to the victim company.

유사 판례

-수원지방법원 2018.01.19 2017고단7335

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-의정부지방법원 2020.06.30 2019고단5985

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