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(영문) 서울남부지방법원 2020.04.24 2018가합103465
손해배상(기)
Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual rate of 5% from August 25, 2008 to March 7, 2019.

Reasons

1. Basic facts

A. On March 22, 2005, the Defendant acquired the Plaintiff Company (former Company C) and served as the representative director of the Plaintiff Company (former Company C).

B. On January 12, 2006, the Defendant was sentenced to a suspended sentence of two years and a fine of seven hundred million won for a violation of the Securities and Exchange Act at the Seoul Central District Court, which was sentenced to imprisonment of one year and six months for a violation of the Securities and Exchange Act. On August 24, 2008, when the above judgment became final and conclusive and conclusive on August 24, 2008, the Defendant instructed the Executive Director D, who was in general in charge of the management and execution of the Plaintiff’s company’s funds, to withdraw KRW 670 million from the new bank account of the Plaintiff Company on August 25, 2008, and used the fine of KRW 600 million from among them to the Suwon District Prosecutors’ Office located in Suwon-si District Court on August 29, 2008.

C. As above, the defendant was convicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) due to the crime of embezzlement of the plaintiff company's 600 million won

[Seoul Southern District Court Decision 2013Gohap574, 2014Gohap281 (Consolidated) decided November 13, 2015, Seoul Southern District Court Decision 2015No3421 decided May 17, 2017, and Supreme Court Decision 2017Do7843 Decided September 21, 2017]

Plaintiff

On May 28, 2014, the Seoul Rehabilitation Court 2014hap103 decided to commence rehabilitation, and the above rehabilitation procedure was completed on March 20, 2017.

During the above rehabilitation procedure, administrator E filed a lawsuit against the defendant to seek payment of KRW 100 million out of the embezzlement amount of KRW 600 million (Seoul Southern District Court 2015da207833), and on May 26, 2016, the judgment of the appellate court (Seoul Southern District Court 2015da20783) that "the defendant shall pay to the administrator the amount of KRW 100 million and interest calculated at the rate of 5% per annum from August 25, 2008 to November 5, 2015, and 15% per annum from the next day to the day of full payment," and the appellate court (Seoul Southern District Court 2016Na54853) pending the rehabilitation procedure, and the appellate court (Seoul Southern District Court 2016Na54853) filed the lawsuit, and the dismissal of the appeal on August 10, 2017 was finalized on December 10, 2017.

(c).

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