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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. By April 20, 2017, the Plaintiff served as the representative director of E Co., Ltd. (hereinafter “E”).
Defendant C 19,887,837,837, 887, 887, 837, 837, Defendant D 19,817,009, 63, 990,4528,428,156, 106 H 13,129,50,136, 136, 75192,749,749, Defendant C 19,817,009, 63,000,000, 13,817,09, and 09, total of 63,990,4528,136, 75135, 853,701
B. The details of transactions with G, H, Defendant C, and D using a deposit account (Account Number F; hereinafter “instant deposit account”) opened in its name from October 2015 to the beginning of October 2017 are as follows:
C. On December 1, 2016, the Plaintiff transferred E’s shares, etc. to Defendant B.
[Ground for recognition] Unsatisfy
2. Determination
A. On the grounds delineated in the summary of the Plaintiff’s assertion, Defendant B is jointly and severally liable with Defendant B to pay KRW 53,325,912 as damages and KRW 53,325,912 as damages, and Defendant C is jointly and severally liable to pay KRW 9,87,837 as damages and KRW 13,817,00 as damages.
(1) Defendant B embezzled total of KRW 35,853,701 in total and KRW 17,472,211 in total and KRW 53,325,912 in the instant account, and agreed to pay the Plaintiff KRW 40 million out of the amount of embezzlement.
(2) In collusion with Defendant B, Defendant C embezzled KRW 9,887,837 and Defendant D embezzled KRW 13,817,009.
B. We examine the claims against Defendant B, and the evidence submitted by the Plaintiff alone is insufficient to acknowledge that Defendant B embezzled KRW 53,325,912, and there is no other evidence to acknowledge it. Thus, this part of the Plaintiff’s assertion is without merit without examining whether the Plaintiff is a claimant for damages equivalent to the above embezzlement.
In addition, according to the evidence No. 2, Defendant B prepared and delivered a written performance note to the Plaintiff on April 16, 2017, stating that “E’s obligation to pay KRW 20,049,310 to the Seoul Guarantee Fund and KRW 20,000,000 to the National Bank” can be acknowledged.
However, the foregoing.