The defendant (the name of the defendant in C on January 22, 2009) served as the chairperson from September 7, 2006 to December 22, 2010.

From 2006 to 2010, the Plaintiff jointly organized D and Emotion picture festivals (hereinafter “E Motion Pictures”) and jointly hosted F and G Motion Pictures (hereinafter “G Motion Pictures”) from 2007 to 2010.

The Plaintiff received subsidies and donations equivalent to KRW 2.73 billion in total from D and Korean Film Council, etc., and subsidies and donations equivalent to KRW 1.83 billion in total from F and enterprises, respectively, in the course of each film festivals of this case.

(2) The Plaintiff asserted that the Plaintiff is obligated to pay to the Plaintiff part of the Plaintiff’s claim as compensation for damages incurred due to tort and delay damages. The Plaintiff asserted that the Defendant used the instant subsidy received in order to proceed with each film of this case for personal use, and that the Defendant is obligated to pay the Plaintiff part of the claim, as compensation for damages caused by tort.

In this regard, the defendant asserts that the subsidy of this case was used only for the plaintiff's operating expenses or for the plaintiff's repayment of the loan to the defendant, but did not embezzled, so it cannot comply with the plaintiff's claim.

Judgment

Facts of recognition

The following facts are not disputed between the parties, or acknowledged by comprehensively taking account of the overall purport of the pleadings in each entry of Gap evidence 4, 8 through 17, 19, Gap evidence 4-2, 3, 4, Eul 1, 2, and 6.

On August 2010, the Plaintiff entered into an agreement on the holding of the 18th Emotion picture festivals (hereinafter referred to as the “instant agreement”) as it had been previously known between D and D. The main contents are as shown in attached Table 1, and D/F.