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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On or around December 2004, F of the basic facts was practically establishing and operating the Plaintiff Company. On April 1, 2002, when establishing and operating the Plaintiff Company G for the purpose of manufacturing steel structures and advertising materials, etc. (hereinafter “G”), Defendant D, who is his own death village, was employed to G to take charge of accounting and accounting duties. As above, the fact that, around January 1, 2003, the Plaintiff’s establishment and operation of the Plaintiff Company, actually discontinued G around December 2004, and the fact that the Defendant was in charge of managing the funds generated by disposing of the Plaintiff’s property and the funds of the Plaintiff Company, by February 2005, did not conflict between the parties.
2. Summary of the plaintiff company's assertion
A. In the course of G liquidation, from December 2004 to February 2, 2005, the claimed F related to the embezzlement of funds paid KRW 2,254,200,000 to the Defendant D or by transferring it to the account in the said Defendant’s name. The above Defendant used only KRW 2,197,685,280 among them for the Plaintiff A, and used them for the Plaintiff, and KRW 56,514,720, which is the difference thereof, at his own discretion.
Therefore, Defendant D must return it to Plaintiff A.
B. As the Defendants’ assertion related to embezzlement through the Defendants’ accounts were withdrawn in cash of the Plaintiff Company and then arbitrarily consumed part of the funds, or embezzled part of the funds by depositing them into the account under the Plaintiff’s name or the account under the Defendant E, and then remitting them to H, I, and J, the Plaintiff A should return KRW 21,30,000 (= KRW 12,300,000, KRW 2,000, KRW 7,000) to the Plaintiff, and KRW 15,86,000 (= KRW 15,350,000) to the Plaintiff, respectively.
In addition, Defendant E is obligated to return to the Plaintiff Company as joint tortfeasor with respect to the money deposited in the account under his own name as above, and transferred to H, I, and J. As such, Defendant E is jointly with Defendant D, with KRW 10,00,000, and KRW 5,886,000 = KRW 5,350,000 to Plaintiff C = 310,000.