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1. The Defendant’s KRW 257,618,580 among the Plaintiff and KRW 199,30,000 among the Plaintiff, shall be KRW 51,732,380 from March 22, 2017.
Reasons
1. Basic facts
A. The relationship between the parties concerned 1) A Co., Ltd. (hereinafter “Nonindicted Company”)
(2) On November 16, 201, the defendant was appointed as a director of the non-party company on November 27, 2001. On March 4, 201, the defendant was appointed as the representative director of the non-party company and resigned on June 7, 2016. After the non-party company filed a lawsuit against the defendant in addition to the lawsuit in this case, and filed a lawsuit seeking compensation, etc. for the breach of duty as a director, the registration of the defendant's retirement of director was completed on June 16, 2017.
3) During the instant lawsuit, the decision to commence rehabilitation procedures was rendered on February 22, 2019 with respect to the non-party company as Daegu District Court 2019 Gohap103, and the Plaintiff was appointed as the administrator, and the Plaintiff took over the said litigation procedures. (b) The D Co., Ltd. (hereinafter “D”) was established on March 13, 2003 as a company incorporated on March 13, 2003, and continued to serve as the business for manufacturing the precise optical semester, etc., while the Defendant was appointed as the director at the time of the establishment of D until the resignation on June 26, 2013.
2) Nonparty Company (at the time, the representative director of Nonparty Company is E.
() Around June 18, 2012, around KRW 176,300,00 (i.e., 35,260 shares x 5,000 shares transfer value per share) (i.e., 35,260 shares x 5,00 shares transfer value per share) was transferred to E, and at the price of KRW 250,000 (i.e., 50,00 shares x 50,000 shares transfer value per share x 5,00 shares transfer value per share) was paid by the Defendant and E at that time (i.e., the above share transfer contract between the non-party company and the Defendant) was received from the Defendant and E (i.e., the above share transfer contract between the non-party company and the Defendant, and the Defendant’s shares acquired by the Defendant through the above share transfer contract “instant shares”).
(3) D) D paid interim dividends on August 2012, and E paid KRW 40 million.