beta
Text
Defendant: (a) KRW 22,040, KRW 14,694, respectively, and each of them to Plaintiff A from November 29, 2018 to January 14, 2021.
Reasons
1. Basic facts
A. In relation to the parties and the Defendant’s withdrawal of money, etc., the Plaintiffs are the spouse (the Plaintiff A), children (the Plaintiff B, and C) of the network F (the death on September 27, 2016), which operated Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”). The Defendant was a director of the Nonparty Company from March 2009 to July 2016, who was in charge of accounting and accounting affairs as a director of the Nonparty Company.
2) On August 31, 2016, the Defendant changed USD 160,385.19 to KRW 178,989,872, which was deposited in the ordinary bank account in foreign currency (Account Number G) in the name of the non-party company, and transferred the two accounts in the name of the non-party company to a single bank free account (Account Number H; hereinafter the above two accounts in the name of the non-party company collectively referred to as the "non-party company account"), and then again, deposited in the said money and the above free account.
The sum of KRW 348,871,179,338,743, including KRW 348,871, was transferred to the savings account in the name of the Defendant (hereinafter “Defendant Account”) and account number I.
3) In addition, on the same day, the Defendant deposited USD 46.25 in a foreign currency ordinary bank account (the account number J, hereinafter “the Deceased account”) in the name of the Deceased and withdrawn USD 51,428 in a foreign currency.
B. On February 14, 2017, the court filed a claim for the purchase of goods against the non-party company, the plaintiffs, and the defendant as the non-party company, who exported the original group, etc. to the non-party company, and as the non-party company was unable to receive the purchase price for the original unit that was loaded from January 4, 2016 to May 8, 2016.
2) On December 6, 2018, the first instance court of the instant case accepted most of the claims against K by stating that “Defendant E shall pay to Plaintiff K 467,858,104 won and the amount calculated by the rate of 5% per annum from April 1, 2017 to December 6, 2018, and 15% per annum from the next day to the date of complete payment.” Meanwhile, it accepted most of the claims against the Plaintiffs and the Defendant.