1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

1. The Plaintiff’s assertion is an agricultural partnership established for the purpose of livestock farming, etc., and the Defendant was in charge of the Plaintiff’s work related to raising pigs, including the Plaintiff’s production and delivery management of pigs as a director, the shipment management of unclaimed pigs, and the production, breeding, and sale of s

From May 209 to August 2013, the Defendant sold the Plaintiff’s own money and received the sales proceeds. The sales proceeds received did not be deposited into the Plaintiff’s account, and was paid in the name of passbook in the name of the Plaintiff’s wife, and was managed from May 4, 2009 to January 21, 2014, the Defendant embezzled KRW 641,106,924 in total by arbitrarily using the amount of KRW 641,106,924 in the name of the Defendant’s account and the Defendant’s wife’s account from May 4, 2009 to January 21, 2014.

The defendant's act constitutes a tort against the plaintiff because it constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the defendant, as a director of the plaintiff, suffered loss to the plaintiff in violation of the plaintiff's duty with due care as a good manager.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of the embezzlement amount of KRW 641,106,924 and damages for delay due to tort or default.

2. The defendant asserts that the lawsuit of this case is unlawful as it was brought by C, which is not entitled to represent the plaintiff.

Article 42 (Liabilities of Officers)

(a) The officers of the partnership corporation shall observe the Acts and subordinate statutes, the dispositions of the administrative agencies under the Acts and subordinate statutes, the articles of incorporation, the regulations, the business guidelines, the general meeting and the resolution of the board of directors, and shall perform their duties

(b) It shall be solely liable to compensate for damages inflicted upon a partnership or a third party by negligence, intention or gross negligence while its officers perform their duties;