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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a cooperative established pursuant to the Small and Medium Enterprise Cooperatives Act in order to promote the sound development of the funeral industry and the independent economic activities among its members, and C works as the head of the Defendant’s business division from October 1987 to March 31, 2010, and was in charge of managing the agricultural products distribution corporation upon request from its members or end-user companies to deliver orders.
B. On November 3, 2008, C entered into an investment return contract with the Plaintiff, stating to the effect that “In-house is in charge of the supply and sale of the bean as Defendant employee. The Korea Agricultural and Fishery Marketing Corporation supplied bean at low prices and sold at low prices to the market, making an investment in money. The interest shall be paid once every two months to 10-15% of the investment principal, and the investment principal shall be returned at any time by the Plaintiff at any time.”
C. Around January 2009, the Defendant discovered the difference between the Defendant and its members in the number of remaining stocks during the settlement of accounts in the previous year, and investigated the current status of the overall business of supplying the new stocks, the Defendant declared the suspicion of embezzlement of the amount received by C from its members, and claimed compensation for the amount of damage.
C was prepared and delivered to the Defendant on January 25, 2010 that the Defendant would be liable for the shortage of stock due to business mistake, and that the Defendant would be liable for compensation related to the outflow of oil.
On November 4, 2008, 2000,000 won, January 30, 2009, KRW 650 million on March 10, 2009, KRW 785 billion on March 11, 2009, and KRW 100 million on August 26, 2009, respectively, to the national bank account (number D) in the name of the Defendant’s bank (number D) with the investment money, and KRW 100 million on August 26, 2009, respectively. C received the aforementioned money as above to the Defendant.