1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Basic facts

A. On November 20, 2006, C acquired the Plaintiff (Co., Ltd., E, and F) from D on November 20, 2006, and worked as the Plaintiff’s largest shareholder and representative director from December 7, 2006, and resigned from J and K on July 6, 2007 after transferring the Plaintiff’s stocks and management rights to J and K. By July 18, 2007, C also served as the representative director of the Defendant (Co., Ltd. before the change).

B. On December 29, 2006, the Plaintiff prepared a monetary loan agreement with the Defendant to lend KRW 350 million to the Defendant, and transferred the above amount to the Defendant. On April 5, 2007 and April 9, 2007, the Plaintiff transferred each of KRW 100 million to the Defendant again on April 5, 2007, and transferred the total of KRW 550 million to the Defendant.

(hereinafter referred to as “each of the instant loans”) C.

C was prosecuted for the crime of embezzlement of KRW 2,92,760,000 of the Plaintiff’s funds, including each of the instant loans (for example, Nos. 1, 4, and 5), as indicated in the table below, and was sentenced to a judgment of two years of imprisonment and three years of suspended execution at the first instance court, and was sentenced to a judgment of one year and six months of imprisonment and three years of suspended execution from the appellate court (Seoul High Court 2010No647) to July 22, 2010. The above judgment became final and conclusive on November 11, 2010.

The method of embezzlement of temporary embezzlement of 350 million won on December 29, 2006, to the Defendant of KRW 850 million on January 25, 2007, the loan of the down payment to L Company of KRW 90 million on February 13, 2007 (300 million), N Company (30 million), and L Company (30 million) on April 15, 2007, the loan of funds to the Defendant of KRW 6.39 billion on April 15, 2007, KRW 260 million on June 15, 2007, KRW 520 million on June 139, 2007, KRW 700 billion on the aggregate of the loan of funds to the Defendant of KRW 52 billion on June 15, 2007 (2.6 billion on June 1, 2007), KRW 526 billion (2.6 billion on June 26 billion).

D. Meanwhile, on June 4, 2009, C agreed with the Plaintiff on the content of setting up a maximum debt amount of KRW 3.6 billion with respect to the land of five parcels, other than H-gu, Jung-gu, Incheon, Jung-gu, Incheon, in order to guarantee the right to claim damages due to the embezzlement.