배당이의
1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
1. The reasons for the reasoning of the judgment regarding this case are as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments between the fifth 21 and the sixth 1 of the judgment, the reasoning for the judgment of the court of first instance is as stated in Article 420 of the Civil Procedure Act. The reasoning for the judgment is as is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that the Defendant’s agent, embezzled part of KRW 50 million and received KRW 236 million from the Defendant, and that the Plaintiff did not have any obligation to return money exceeding KRW 236 million.
There is no evidence to regard that H embezzled part of the above KRW 500 million.
Rather, in full view of the following circumstances, the Defendant paid KRW 500 million to D’s audit H account upon D’s request by the representative director G, by transferring KRW 500 million to D’s audit H account, in full view of the respective descriptions of evidence Nos. 1, 2, 3, 7, and 8.
① On December 31, 2010, the Defendant deposited KRW 50 million with H’s account, KRW 450 million on January 14, 201, and KRW 450 million on January 14, 201. D issued a promissory note with KRW 1 billion to the Defendant on January 14, 2011, in which the Defendant received all the said KRW 500 million from the Defendant, and drafted a notarial deed with respect to the said promissory note.
② At the time of payment of KRW 500 million to H’s account, H was registered as D’s auditor, and H submitted a written statement to the Defendant that the said G could not use its name due to bad credit standing in the instant lawsuit, and that it would deposit the said G’s account with D’s auditor’s account.
(3) There is no evidence suggesting that at the time D knew that the Defendant had not paid KRW 500 million due to H’s embezzlement.
On July 4, 201, D is the defendant's agent status and our auditor, who is an investor, of KRW 500 million invested in the party affairs.