1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. From April 2007 to February 2, 2008, the Defendant was a person who was in charge of the general duties of “E Research Council” (hereinafter “the instant Research Council”) from around February 2, 2007, and the Plaintiffs were members of the instant Research Council.

B. The members of the instant research council, including the Plaintiffs, decided to jointly purchase tending, through the Defendant, and accordingly, the Plaintiff A deposited KRW 35 million on August 2, 2007, KRW 12 million on July 23, 2007, Plaintiff B, and Plaintiff C deposited KRW 1250,000 on August 1, 2007 in the deposit account in the name of Nonparty F, which was the Chairperson at the time.

C. On August 8, 2007, the Defendant arbitrarily used the aggregate of KRW 40 million deposited in the said deposit account around August 8, 2007 and around August 22, 2007, when the Defendant received and kept a passbook in the said F’s deposit account, G, one’s own shape of the apartment, was insufficient to purchase the apartment house.

The plaintiffs filed a complaint with an investigative agency on charges of embezzlement, etc., and the defendant was issued a summary order of KRW 3 million as a result of embezzlement on February 19, 2010, and the above summary order became final and conclusive on April 9, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the defendant's main defense

A. The gist of the defense is that the instant research council is a partnership established under the Civil Act for the purpose of jointly importing and cultivating tendings.

Therefore, the instant lawsuit should be filed by all members of the instant research council as a party, and as long as only some of the plaintiffs filed the instant lawsuit, the instant lawsuit is unlawful.

B. We examine the judgment, and the contract of partnership under the Civil Act is a contract under which two or more persons agree to jointly operate a business by mutual investment, and is limited to the agreement that jointly runs a specific business, and the agreement can be deemed as a contract of partnership. The degree of the achievement of the common purpose meets the requirements for establishment of partnership.