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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, from January 2001 to January 201, 201, was engaged in the wholesale business of drugs in the name of “D” in the Busan Dongdong-gu, Busan, from November 2001 to January 201, and Defendant B, as the Plaintiff’s deceptive act, was engaged in the sales of drugs and the collection of drugs, etc. from November 2005 to the date of the closure of the business.
The defendant SIG Co., Ltd. (hereinafter referred to as "SIG") was a corporation established for the purpose of wholesale business of drugs, and supplied drugs to D.
B. Defendant B withdrawn KRW 376,421,220 in total from October 4, 201 to February 24, 2012, or transferred from Defendant B’s national bank account (hereinafter “Defendant B’s account”) to Defendant B’s national bank account (hereinafter “Account Number”).
C. Meanwhile, the Plaintiff filed a complaint with the Busan Dongdong Police Station on the ground that Defendant B withdrawn the sum of KRW 161,560,570 (an amount not deducted KRW 200,000 deposited into the Plaintiff’s account on December 5, 201) from December 1, 2011 to February 24, 2012 from the Plaintiff’s account, or transferred it to Defendant B’s account, and then arbitrarily used it. However, the Busan District Prosecutors’ Office issued a disposition of non-prosecution on January 30, 2013 on the ground that there is insufficient evidence to acknowledge the embezzlement of Defendant B’s embezzlement.
[Ground of recognition] Facts without dispute, Gap evidence 5-1, 2, Gap evidence 9, 15, Eul evidence 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (1) is the Plaintiff’s assertion: (a) from October 4, 201 to February 24, 2012, Defendant B: (b) withdrawing KRW 385,221,220 of the Plaintiff’s funds from the Plaintiff’s account from October 4, 201 to February 24, 201; and (c) transferring the Plaintiff’s account to Defendant B’s account; (b) from January 9, 2012 to October 29, 2012, the sum of D’s pharmaceutical proceeds deposited into Defendant B’s account is KRW 68,94,00.