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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
1. Determination as to the cause of claim
A. The Plaintiff’s assertion C is an employee of the Plaintiff.
Until January 2016, the Plaintiff embezzleds KRW 320 million as the Plaintiff’s funds. The Plaintiff agreed to pay KRW 320,600,000 out of the amount of embezzlement instead of filing a criminal complaint against C with the Defendants, who are the parents of C, to jointly and severally guarantee the Defendants’ payment of KRW 320,60,000 out of the amount of embezzlement.
Since then, the Plaintiff received reimbursement of KRW 19,100,000 from C, and KRW 15,00,000 from Defendant A.
Therefore, the Defendants, a joint and several surety, are jointly and severally liable to pay to the Plaintiff the remainder of KRW 286,50,000 (=320,600,000-19,100,000-15,000,000) and damages for delay.
B. (1) According to the evidence evidence Nos. 1 through 9, C embezzled the Plaintiff’s funds until January 2016 (hereinafter “instant criminal act”), with respect to damages for the instant criminal act on January 26, 2016, the Plaintiff and C paid in sequence part of KRW 320,60,000 to each of the agreed dates for payment, and paid KRW 178,235,878 in total until February 202, 202, with respect to the remainder of KRW 142,364,122 as of February 1, 202. The agreement is null and void if C fails to pay the above money by the due date for payment, and C does not raise an objection to the Plaintiff’s civil or criminal liability, and the Plaintiff’s agreement is not established with respect to damages for the instant criminal act. The Plaintiff did not take any criminal action against the Plaintiff (hereinafter “the Plaintiff’s parents”).
(2) However, in light of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the purport of the entire pleadings, the Defendants jointly and severally guaranteed the payment of the amount of embezzlement by only the above acknowledged facts or the evidence submitted by the Plaintiff.