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(영문) 춘천지방법원 2018.10.24 2017가합50884
손해배상(기)
Text

1. Defendant D’s KRW 8,800,000 and for this, 5% per annum from June 16, 2017 to October 24, 2018, respectively, to the Plaintiff.

Reasons

1. Status of the parties

A. The Plaintiff is a company established for the purpose of manufacturing and wholesale business of ginseng and ginseng products.

B. Defendant D is the Plaintiff’s internal director and representative director, Defendant B and C are those registered as the Plaintiff’s internal director.

【Evidence A of Evidence No. 1】

2. The Plaintiff asserted that the Defendants produced “E” products by mixing the agricultural ginseng concentration with the Chinese ginseng concentration and the Korean ginseng content, and sold and exported them at home and abroad.

around June 2015, F invested KRW 250 million at the request of the Defendants, and acquired the Plaintiff’s shares. However, the Defendants refused to participate in F’s management, denied F’s status as a shareholder of G who acquired the Plaintiff’s shares issued from F, and completed the registration of aggravation by forging documents even after the Defendants’ representative director and director’s term of office has expired.

The Defendants embezzled the money invested by F for private purposes, and during the period when the Defendants were in office, the Plaintiff’s financial status is hidden, unlike the standard financial statements reported to the tax office.

The Defendants conspired with the Plaintiff to file an application for provisional seizure of real estate with the Plaintiff as the right to be preserved for unlawful and unfair retirement allowances in the name of the Defendant B, thereby causing enormous damages to the Plaintiff.

Due to such tort committed by the Defendants, the Plaintiff: (a) the amount of 2-month wages in arrears (29,252,740 won in arrears); (b) the amount of 126,322,50 won in loss due to the suspension of business and the return of transaction partners; and (c) the amount of 8 million won in fine; (d) the amount of 126,960,000 won in loss due to the suspension of the use of H trademark during the two-month period; (e) the amount of 50 million won in loss due to the suspension of the use of H trademark; and (vi) the amount of 37,827,50 won in legal action, and (vii) the amount of 16 million won in benefits paid or to be paid to the acting person during the period of suspension of the Defendants’ duties; and

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