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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff was a juristic person established on September 27, 1985 for the purpose of breeding, production, and sale, and B, as the representative director of the Plaintiff (by May 25, 201, as the representative director), overall control over the Plaintiff’s business and fund management affairs. C, while serving as the vice-chairperson of the Plaintiff, took charge of the Plaintiff’s business and fund management affairs by assisting B.
B. C, in collusion with B, made a total of KRW 4,974,4892,277 from August 13, 2002 to August 6, 2007 by means of overappropriating the construction cost and receiving the difference from the company, etc., and then used KRW 1,989,886,820 among them for personal purposes, and raised a total of KRW 1,820,000 from July 2009 to November 2009, and was charged as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of Seoul Central District Court 201,453 (Embezzlement).
C. C was sentenced to a suspended sentence of one year and six months by the above court on January 27, 2012, and on July 13, 2012, sentenced to a suspended sentence of one year and six months by the appellate court (Seoul High Court 2012No505)
(The above judgment was finalized on July 23, 2012) D.
From January 31, 2012 to May 19, 2012, the director of the Central Regional Tax Office confirmed that the Plaintiff raised the funds by means of excessive appropriation of the construction cost and return of the difference from the company, and notified the Defendant of the result of the tax investigation on May 30, 2012.
Accordingly, the defendant included the amount of income omitted, etc. generated in the process of raising funds in the plaintiff's gross income, and disposed of it as a bonus to C on the ground that each amount entered in the "amount of income" as stated below was reverted to C, and then on July 1, 2012 and July 2, 2012, the defendant calculated it as a bonus to C, and on July 2, 2012, the amount of income belonging to C bonus of the year when the notice of change in income amount is given to the plaintiff as of July 1, 2012.