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1. Defendant B’s KRW 139,098,234 as well as 5% per annum from December 29, 2017 to October 18, 2018.
Reasons
1. Basic facts
A. Defendant B served as the Plaintiff’s employee from February 2, 2005, and was appointed as the Plaintiff’s representative director on September 22, 2008, and was dismissed on June 3, 2014.
While the defendant B serves as the representative director, he has overall control over the plaintiff's operations, such as ordering construction works, concluding and implementing construction contracts, financing management, and fund execution.
B. D, the current representative director of the Plaintiff, is the Plaintiff’s shareholder (other shareholders are the title trustee).
Defendant C is a female student of Defendant C, and the Defendants are married couple.
C. Defendant B was convicted of having entered into a contract with a trader from September 30, 2009 to December 30, 2013, and received a refund of the contract price, and then used for personal purposes or withdrawn money from the Plaintiff’s bank account that he/she had been in his/her business management, and embezzled the sum of KRW 309,605,124 as shown in the [Attachment Embezzlement] list (one year of imprisonment and two years of suspended execution).
[The Supreme Court of the first instance is pending in the final appeal as the Daegu District Court of the Republic of Korea 2016dan2790, 6186 (Joint District Court of the Republic of Korea), the Daegu District Court of the appellate trial 2018No146, and the Supreme Court of the Republic of Korea 2018Do1090). 【No dispute exists as to the ground for recognition, the entries in the evidence Nos. 1, 2, 36, 37, 38, 43, and evidence No. 15 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the entire pleadings.
2. Determination as to the claim against the defendant B
A. In full view of the part acknowledged as to the cause of claim 1 by adding the respective entries and arguments in Gap’s evidence Nos. 9, 10, 15, 16, 34, 36, 37, 38, and 43 to the above basic facts, the defendant B entered into a contract with the transaction company from September 30, 2009 to December 30, 2013 when serving as the representative director of the plaintiff and paid the construction amount, and then used them for personal purposes or used them for personal purposes while being kept for the plaintiff.