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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. The Plaintiff is an investor of a Japanese company D’s Korean Federation E (hereinafter “instant company”) that started its business from July 2015.
Meanwhile, Nonparty F is the representative of the instant company from July 2015 to December 9, 2015, and Defendant B is the spouse of F.
Defendant C is an employee working at a place of business operated by F in the name of “G”.
B. F is, while holding office as the representative of the instant company, embezzlement of KRW 586,240,911 as the proceeds of the instant company and the amount paid by the customers for purchase, and criminal cases are currently underway due to such criminal facts.
Defendant B received KRW 42,136,600 in total from F, from January 2017 to January 2019, and received KRW 14,95,718 in total from July 2017 to November 2019 as living expenses.
However, each of the above money that Defendant B received from F is the money that should be reverted to the Plaintiff, an investor of the instant company.
Therefore, Defendant B is obligated to refund the Plaintiff’s total sum of KRW 57,132,318 and damages for delay from the day following the delivery date of the copy of the instant complaint.
C. In addition, Defendant C received from F the total sum of KRW 53,908,200 from the instant company from around 2016 to 2018 as salary.
However, since the above money should also be reverted to the Plaintiff, the investor of the company of this case, Defendant C is obligated to return the above amount to the Plaintiff as unjust enrichment from the day immediately following the delivery date of the copy of the complaint of this case, and damages for delay from the day of delivery of the copy of the complaint of this case.
2. Each of the items of evidence Nos. 1, 2, and 3 of the evidence Nos. 1, 2, and 3, as to the Plaintiff, the Defendants’ respective money that the Defendants received from F or the instant company should immediately be attributed to the Plaintiff, an investor of the instant company.