(영문) 서울중앙지방법원 2014.02.21 2013가합500560

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(영문) 서울중앙지방법원 2014.02.21 2013가합500560

손해배상

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1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. From October 8, 2008 to December 23, 2008, the Defendant, who held office as the representative director of the Plaintiff’s assertion, withdrawn the Plaintiff’s account totaling KRW 981 million from the Plaintiff’s account under the pretext of a half of the amount equivalent to KRW 1 billion against the Plaintiff.

The amount of KRW 500,00,00,000,000,000,000,000, which the plaintiff claimed by the defendant, was changed to the Dispute Resolution Co., Ltd. (the trade name was changed to the Dispute Resolution Co., Ltd. on October 31, 2007, May 21, 2008, and changed to the Dispute Resolution Co., Ltd. on July 16, 2010) to acquire the management right of the HH management that is controlled by G around September 207 (the trade name was changed to the International Dispute Resolution Co., Ltd. on October 8, 2009, and it was changed to the HH Resolution Co., Ltd. again on December 20, 201).

However, for the following reasons, there is no amount of KRW 500 million claimed by the defendant, and the withdrawal of KRW 500 million from the plaintiff's account under the pretext of the above amount of provisional deposit constitutes embezzlement.

First, that the Defendant made a substitute payment on October 8, 2008, the Plaintiff’s loan debt amounting to KRW 1.5 billion in the Plaintiff’s HH M&A market is actually lent directly to the L&A market, and it is deemed that the H&A market was lent to the L&A market through the Plaintiff. Therefore, the Plaintiff cannot be said to bear the loan debt to the H-A market.

Second, the defendant paid 500 million won to HAC on October 8, 2008 is not paid as the plaintiff's debt repayment.

The above KRW 500 million was refunded to G from the Defendant the disposal price of the shares acquired by G in the name of the Defendant, not the Defendant’s money.

Therefore, the Defendant is liable to compensate the Plaintiff for damages KRW 500 million and damages incurred therefrom.

2. Determination

A. 1) The defendant was in office as the representative director of the plaintiff from March 24, 2005 to August 27, 2010.

On March 8, 2007, the Plaintiff borrowed KRW 200,000,000 from H to H, and KRW 160,000 from G on the same day.

(b)

3. The borrowed amount: A set of KRW 100,000,000; and

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