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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4 (including each number; hereinafter the same shall apply):
The plaintiff is a juristic person established for the purpose of civil engineering work on January 26, 2001. The defendant B is a person who served as a director of the plaintiff from July 21, 2004 to that of the plaintiff, and the defendant C is the wife of defendant B.
B. On November 12, 2007, the Plaintiff entered into a contract for construction works with a total additional construction cost of KRW 955,299,000 with respect to D Maintenance and Construction Work, prior to the Ministry of Construction and Transportation’s order office, and “D Maintenance and Construction Work” as the order office, and transferred KRW 100,000,000 from the order office on December 28, 2007 to the prior bank account (hereinafter “the Plaintiff’s account”) in the name of the Plaintiff’s former bank account in the name of the Plaintiff. On December 29, 2007, Defendant B transferred KRW 10,000,000 from the Plaintiff’s account in the name of the Defendant’s former bank (Account Number: E; hereinafter “Defendant B’s account”).
(hereinafter referred to as “first transfer”). (c)
On March 13, 2008, the Plaintiff entered into a contract for construction works with the total additional construction cost of KRW 955,29,000 with respect to the “D Maintenance and Construction Work” and the “D Maintenance and Construction Work,” which is the ordering office, and on April 22, 2008, the Plaintiff received advance payment of KRW 427,60,000 from the above ordering office to the instant Plaintiff’s account. On April 25, 2008, the Defendant B transferred KRW 9,000,000 from the instant Plaintiff’s account to the instant Defendant B’s account on April 25, 2008, three days after the date, and KRW 95,000,000 from the Plaintiff’s account under the name of the Defendant C, respectively.
(hereinafter, “the second transfer” and “the first transfer act” are combined with “the first transfer act,” and Defendant B, who asserted by the Plaintiff, manages the Plaintiff’s account from around 201 to June 30, 2009 as a person in charge of the Plaintiff’s accounting business.