1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Comprehensively taking account of the facts stated in subparagraph 1 of this Article and the purport of the entire pleadings, the Plaintiff is a company that engages in wholesale and retail business of agricultural, fishery, and livestock products, and the Defendant can recognize the fact that the Plaintiff was working as the representative director of the Plaintiff from November 15, 2013 established to C.

2. The assertion and judgment

A. The plaintiff asserts that the defendant, while working as the representative director, embezzled the plaintiff's total of KRW 306,190,920 as follows, the defendant is obligated to return part of the plaintiff's KRW 137,553,00 to the plaintiff.

In the first complaint, the Plaintiff asserted that the Defendant embezzled KRW 137,553,000 in total from November 20, 2013 to March 24, 2015 at the Plaintiff’s passbook by either withdrawing or transferring it without permission. On November 9, 2015, even though the cause of the claim was modified through the correction of the cause of claim, the Plaintiff’s claim was maintained as it is.

① KRW 24 million by means of transfer to D (E) on November 22, 2013; ② KRW 38 million in total by means of payment during the F language seven times from January 7, 2014 to June 18, 2014; ③ KRW 4 million in total from July 31, 2014 to December 31, 2014; ④ Defendant’s personal insurance premium, transferred from March 28, 2014 to October 31, 2015; ⑤ From November 31, 2013 to December 31, 2014, entertainment expenses of KRW 4 million in three times; and ④ From March 28, 2014 to October 31, 2015; and ⑤ from November 31, 2013 to April 37, 2018; and entertainment expenses of KRW 97,209;

Judgment

According to each statement of Gap's evidence Nos. 3 through 7 submitted by the plaintiff, each of the above amounts claimed by the plaintiff is recognized as being withdrawn from the plaintiff's account and used or transferred from the plaintiff's account.

However, the Defendant asserts that all of the Plaintiff’s corporate funds and accounts were managed by H auditors appointed by G, who is the actual owner of the Plaintiff. The Defendant’s corporate funds and accounts are 200 million won transferred to D (E) on November 22, 2013 by taking account of the respective descriptions in subparagraph 7 and subparagraph 1, as well as the results of the taxation submission order and the purport of the entire pleadings by this court.