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1. All appeals by the plaintiffs and defendant E are dismissed.
2. Preliminary. The plaintiff A added to this Court.
Reasons
1. Basic facts
A. The Plaintiff Company A (hereinafter “Plaintiff Company”) was established on October 1, 2003 as a company with the purpose of automobile maintenance business, ordinary trucking transport business, etc.
B. Around July 16, 2014, Defendant C, the representative director of the Plaintiff Company, agreed that the Plaintiff B would be a joint representative of the Plaintiff Company, while transferring the Plaintiff Company’s business and 51% of the Plaintiff Company’s shares in KRW 450 million to the Plaintiff Company’s business.
(C) (hereinafter “the first transfer contract”). Plaintiff B transferred 51% of the Plaintiff Company’s shares from Defendant C, and was appointed as joint representative director of the Plaintiff Company with Defendant C on August 21, 2014. D. The Defendant C additionally transferred the remainder of the Plaintiff Company’s operations to Plaintiff B (hereinafter “the second transfer contract”). The second transfer contract contains the Plaintiff Company’s obligation related to the cargo transport business and the obligation related to the automobile maintenance business omitted from the first transfer contract.
E. Defendant C retired from the joint representative director of the Plaintiff Company on August 21, 2017, and Plaintiff B was appointed as the representative director of the Plaintiff Company on March 10, 2018.
F. Defendant D was in office as the managing director and auditor of the Plaintiff Company from the time of its establishment until August 21, 2017.
【Ground of recognition】 Facts without dispute, entries in Gap evidence 1, 2, 8, and 9, and the purport of the whole pleadings
2. Determination as to the Plaintiff Company’s claim against Defendant C and D
가. 가불금 형식으로 지급된 돈에 대한 청구 ⑴ 업무상 횡령으로 인한 손해배상청구(주위적 청구) ㈎ 원고 회사의 주장 2007. 1.경부터 2014. 8.경까지 원고 회사로부터, 피고 C는 실제로 급여로 신고한 금액인 161,448,120원보다 많은 831,913,805원을, 피고 D는 실제로 급여로 신고한 금액인 240,354,510원보다 많은 629,899,153원을 각 가불금 형식으로 부당하게 지급받아 횡령하여, 원고 회사에게 피고 C는 위...