A. On 1976, the Plaintiff was a corporation established for the purpose of creating and maintaining and managing a park cemetery, and operated the C Park Cemetery.

From around 2000, the defendant served as the president of the plaintiff from around 2000, and the defendant served as the director of the plaintiff from around 2009 and was actually delegated by D for the operation and financing execution of the plaintiff.

B. On September 18, 2014, the Defendant was sentenced to imprisonment with prison labor for 10 months and two years of suspended sentence for the following criminal facts by the Ulsan District Court (2014dan1327).

“A director is in charge of funding A, while the principal source of revenue was kept for the victim A, the Defendant embezzled KRW 164,534,000 from August 31, 201 to the Defendant’s corporate bank account in the name of a new bank account in the name of A, the management expense account, through E in charge of accounting of KRW 3 million, from April 21, 201, and then remitted it to the (ju) corporate bank account in the name of the Defendant through E in charge of accounting of KRW 3 million from the management expense account in the name of a new bank account.”

C. The defendant appealed against the above criminal judgment.

On February 11, 2015, the appellate court (Ulsan District Court 2014No891) rejected the Defendant’s assertion of mistake of facts and misapprehension of legal principles, but accepted the Defendant’s assertion of unfair sentencing, and sentenced a fine of KRW 3,00,000 to the Defendant.

This ruling became final and conclusive later. D.

The defendant deposited KRW 30,000,000 for the plaintiff in the above first instance trial procedure.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 and 9, Eul evidence No. 2-5, Eul evidence No. 10-1 through 4, and the purport of the whole pleadings

2. Assertion and determination

A. The Defendant, as a director of the Plaintiff, is liable for compensating the Plaintiff for damages due to a tort pursuant to Article 65 of the Civil Act, or is liable for compensating the Plaintiff for damages due to a tort.

The amount of damages shall be at KRW 164,534,00,000, embezzled.