1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff was a person who was engaged in textile processing business from around October 2001 to December 31, 2009 with the trade name called C, and the Defendant was a person who was in charge of accounting duties under the above C from around October 2004 to December 31, 2009.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff's assertion is while in the account of C, and the defendant received the payment that the plaintiff is to receive from the defendant's customer from the defendant's bank account (Account Number D: D; hereinafter referred to as "the first account of this case", account number E: E; hereinafter referred to as "the second account of this case") or deposited it into the above account in cash, and embezzled 122,818,904 won in total by not depositing part of it into the plaintiff's account in the name of the plaintiff or by arbitrarily using it. Thus, the defendant must return the above amount to the defendant for compensation for unjust enrichment or tort.

B. In full view of the following circumstances acknowledged by the purport of the entire pleadings, it is difficult to view that the Defendant embezzled the above money, and there is no other evidence to acknowledge it. In full view of the fact that there is no dispute over the determination, Gap 3, 4, 5, 7, Eul 1 through 7, 9, 10, 11, 13, 14, and 15 (including the branch numbers).

① In connection with C’s business, the Defendant received direct transfer of the processing cost from C to the First and Second Accounts, or deposited the said account in cash, and used C’s operating expenses, such as payment of the purchase price to the purchaser, food expenses, freight charges, etc.

In light of the fact that the Defendant used the account under the name of the Defendant in relation to C’s business but did not raise any objection, the Defendant appears to have used the account under the name of the Defendant according to the Plaintiff’s instruction or approval

The plaintiff is currently engaged in the textile processing business with the trade name of "F", and some of the processing costs of the above business is also involved.