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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. Defendant B: (a) KRW 15,291,787 to the Plaintiff and its related expenses on December 2, 2015.
Reasons
1. Basic facts
A. The status of the party is a legal entity whose business purpose is manufacturing and wholesale and retail products of glass recycling materials, and Defendant B is the representative director of the Plaintiff, and Defendant C is the spouse of Defendant B.
B. The Plaintiff’s contract on the Plaintiff’s shares and business and the change of officers 1) Plaintiff’s auditor E (E) is a company director.
(2) On September 16, 2013, between Defendant B and Defendant B, the Plaintiff acquired KRW 17,700 of the Plaintiff’s shares on September 16, 2013, by transfer of KRW 495,600,000, and upon receiving the Plaintiff’s preemptive right (payment amount of KRW 20,000 per share) for new shares 20,000 issued by the Plaintiff, and the Plaintiff’s profits from the Plaintiff’s business were transferred by shares and entered into a partnership agreement with each other. (ii) On September 17, 2013, E paid KRW 498,258,00 to Defendant B for share transfer as well as shares under the said agreement, and thereafter acquired KRW 17,70 of the Plaintiff’s shares on September 16, 2013. On October 14, 2013, the Plaintiff acquired the Plaintiff’s shares by transfer of shares and KRW 400,000 issued by the Plaintiff.
3 At the time of the transfer of the above shares and the conclusion of the partnership agreement, there was Defendant B, an internal director.
D On October 10, 2013, the Plaintiff’s auditor, D’s son as the Plaintiff’s internal director on the same day, and D’s son as the Plaintiff’s representative director on the same day, and D’s son as the Plaintiff’s representative director on the same day. On January 3, 2014, the auditor resigned and was appointed as the representative director on November 11, 2014, but again resigned from the representative director and was appointed as the auditor on November 3, 2014. Defendant B resigned from the representative director and the internal director on November 11, 2014, but Defendant B again resigned from the representative director and the internal director on November 11, 2014, and H, the same day, was appointed as the Plaintiff’s internal director on the same day.
C. The Plaintiff’s criminal complaint D against the Defendants is that the Defendants embezzled the Plaintiff’s property or breached their duties, thereby incurring property damage to the Plaintiff.