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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
Defendant B, including the parties, is a person working as the director of the Plaintiff’s accounting division from July 21, 2010 to July 2016, and Defendant C is the husband of Defendant B, and Defendant D is the father of Defendant B, and Defendant D is the father of Defendant B.
The Plaintiff is a company that operates plastic products manufacturing business, and E and F, his father, around May 2015, acquired all of the Plaintiff’s shares in the name of G, a representative director, and the Plaintiff Company operated the Plaintiff Company together until August 10, 2016.
E was appointed as the representative director of the Plaintiff on August 20, 2015.
The Plaintiff filed a criminal complaint against the Defendants on the following grounds: “The Defendants conspired to transfer or withdraw KRW 8,005,239,282 of the Plaintiff’s funds from September 1, 2014 to August 9, 2016 to the Defendant’s account, and then wrongfully consumed and embezzled KRW 8,005,239,282.” However, the Defendant charged for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of occupational embezzlement, but the Changwon District Prosecutors’ Office issued a disposition against the Defendants on May 31, 2017, and the Plaintiff filed an application for adjudication with the Busan High Court for the said disposition under the Busan High Court Ordinance No. 2017,409 on March 27, 2018.
Then, the Plaintiff filed a criminal complaint against the Defendants on the violation of the Aggravated Punishment Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the crime of occupational embezzlement by asserting that the Defendants jointly wired KRW 374,603,467 to Defendant C’s account in the name of the Defendant C and embezzled KRW 32 times from March 16, 2011 to May 9, 201, the Defendants jointly wired KRW 2,591,260,972 of the Plaintiff’s funds to the Defendants’ account, and embezzled them by arbitrarily consuming them from March 16, 2011 to May 9, 2016. However, the Seoul Central District Prosecutors’ Office issued a disposition on December 3, 2018 without suspicion (Evidence of evidence).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 36, 37, 57, Eul evidence Nos. 1 and 2, and arguments.