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

A. The Defendant asserted that, as the husband of C who was in charge of the Plaintiff’s business, C embezzled the Plaintiff’s funds from 2012 to the Defendant’s passbook, aided and abetted the Defendant by lending the said passbook to C, even though he knows that C is embezzled.

Therefore, the defendant is obligated to pay 278,976,909 won and damages for delay of the plaintiff embezzled by C pursuant to Article 760 of the Civil Code.

B. According to the evidence evidence Nos. 1 through 4, it is recognized that C was sentenced to imprisonment of two years on January 19, 2016 and committed the instant criminal act under several methods, such as embezzlement of total amount of KRW 278,976,909 (hereinafter “instant criminal act”) of the Plaintiff’s capital from August 14, 2012 to August 2015.

However, in light of the following circumstances, which are acknowledged as comprehensively taking account of the respective descriptions in subparagraphs 1 and 2 as well as the overall purport of pleadings, i.e., ① if the Plaintiff aided and aided the instant criminal act by the Defendant, then filed a complaint against occupational embezzlement; however, the Busan District Prosecutors’ Office rendered a disposition that was unsuspected due to lack of evidence on November 6, 2015, and ② there is no sufficient evidence to acknowledge that the Defendant lent its passbook to C or used the money embezzled by C even with the knowledge of the instant criminal act, it is insufficient to acknowledge that the facts of recognition or the evidence submitted by the Plaintiff knew that the Defendant aided and abetted the instant criminal act, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is not accepted.

2. It is so decided as per Disposition by the assent of all participating Justices on the bench.