The F entered into a contract for the delegation of a lawsuit was prosecuted as a crime of fraud with respect to H by Suwon District Court Ansan Branch G, on May 7, 2015, upon introduction of Defendant E, and entered into a contract for the delegation of a lawsuit concerning the said criminal case (hereinafter “instant contract for the delegation of a lawsuit”).

Defendant D, a member attorney of Defendant C, directly prepared the above contract of delegation of lawsuit, and performed the above case as a lawyer.

Defendant E requested F to transfer money to F as agreed money in connection with the above criminal case or money to be used as a deposit account in his own name.

Plaintiff

On February 1, 2016, Plaintiff A (hereinafter “Plaintiff A”) remitted KRW 40 million to Plaintiff B, who was a representative director, and Plaintiff B transferred KRW 30 million out of the said money to J’s deposit account on the same day.

Plaintiff

B On May 11, 2016, the remitter was F and additionally remitted KRW 20 million to the deposit account in the J’s name.

Defendant E’s embezzlement, however, Defendant E arbitrarily consumed the amount of KRW 50 million transferred as above (hereinafter “instant amount”) as agreed money without using or depositing it as agreed money.

[Reasons for Recognition] The Plaintiff’s assertion of the purport of the entire pleadings by the Plaintiff’s assertion of facts without dispute, Gap’s evidence Nos. 1, 2, and 3 (including a serial number), and Defendant E arbitrarily consumed and embezzled the instant agreed amount received from the Plaintiff A.

Defendant D directly concluded a delegation contract for a criminal case of F and neglected to manage and supervise the instant agreement in order to prevent Defendant E from arbitrarily disposing of it.

In addition, Defendant C was in the employer position to direct and supervise Defendant E.

Defendant D and E are joint tortfeasors.