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1. The Defendants jointly share KRW 1,606,290,000 to the Plaintiff and Defendant C with respect thereto from April 26, 2016.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”)
A) Around September 1999, E, the representative director of E, was bound by the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to a subsequent sentence, and there was a so-called “D situation” in which the sum of 6,532 investors could not recover the investment amount of KRW 228.4 billion. (2) The Plaintiff is a company established for the purpose of settling investors’ losses by taking over the assets owned by D affiliate and E around June 17, 200.
B. F’s embezzlement 1) The F, while holding the Plaintiff’s joint representative director together with G, had occupational duties to take charge of all the duties, such as managing and keeping the Plaintiff’s assets, and to fairly distribute the Plaintiff’s assets to the victims. Nevertheless, F, etc., separate from the Plaintiff on March 2001, is deemed H Co., Ltd. (hereinafter “H”).
From August 13, 2003 to August 28, 2008, the Plaintiff, from among the assets acquired from D’s affiliates or E, voluntarily transferred or directly withdrawn KRW 5,809,59,239 to H’s deposit account and embezzled the Plaintiff’s total amount of the Plaintiff’s owned funds. 2) The F was indicted for the aforementioned criminal charges, and the Busan District Court sentenced F to F to order F to pay an additional collection of KRW 7 years and KRW 532 million on January 22, 2016.
(2015 Gohap411). The F and the Prosecutor appeal both, and the Busan High Court rendered a judgment ordering F to collect a penalty of KRW 8 years of imprisonment and KRW 532 million (200 million) on July 20, 2016, taking into account other concurrent cases with F, the said judgment became final and conclusive around that time.
C. The Defendants, 1 of the creditor subrogation lawsuit by the Defendants, are the investors of D, and the Plaintiff was established for the purpose of protecting the investors of D, and the Plaintiff’s relationship with the Plaintiff, including the Plaintiff’s obligations against D.