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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. The Plaintiff is a juristic person whose main business is the manufacturing and processing business of textile letter, wholesale and retail business, etc., Defendant B is the head of the Plaintiff company’s factory from April 1, 2008 to November 15, 2012, Defendant C is the head of the Plaintiff company’s factory, and Defendant C is the head of the Plaintiff company’s company, Defendant C is the head of the Plaintiff company’s company, and Defendant D is each an employee in charge of accounting and accounting of the Plaintiff
B. Around April 2008, Defendant B entered into a factory lease agreement with Nonparty E, the actual representative of the Plaintiff Company, to lease the Plaintiff Company’s factory (hereinafter “instant factory lease agreement”). According to this agreement, the term of the contract was from April 1, 2008 to March 31, 2013; and the rent was KRW 10,000,000 per month.
[Reasons for Recognition] The facts without dispute, Eul's entry in Eul's evidence 2 (including the paper number), witness E's testimony, defendant B and D's examination result, the purport of the whole argument
2. The assertion and judgment
A. The Defendants asserted that they embezzled total of KRW 53,56,018 of the Plaintiff’s company’s funds from June 2, 2009 to November 23, 2012 by in collusion with the intent to embezzled the Plaintiff’s company’s assets as the head of the Plaintiff’s factory, the head of the division, and the employees in charge of accounting, etc. while working for the Plaintiff’s company’s company’s factory. Accordingly, the Defendants are liable to pay KRW 270,00,000,000 recognized by Defendant B among the above funds embezzled jointly and severally to the Plaintiff as joint tortfeasor, and damages for delay.
B. The judgment document No. 1 (written confirmation) states that Defendant B had 270,000,000 won from the Plaintiff Company, but Defendant B leased the Plaintiff Company’s factory from Nonparty E as seen below.