1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. Defendant B established D Co., Ltd. (hereinafter “D”) on September 2, 2010 and appointed as the representative director, and resigned on September 5, 2012. Defendant C assumed office as the representative director of D on September 5, 2012.

B. On September 13, 2013, the Plaintiff, the Sung Jin Co., Ltd., and D entered into a contract for the transfer of the construction price claim with the purport that the Sung Jin-jin Co., Ltd. confirmed that the construction price of KRW 120,00,000 against D was the claim for construction payment against D, and that the Sung Jin-jin Co., Ltd approved the transfer of

C. The Plaintiff filed a lawsuit against D, etc. with Seoul Western District Court 2013Gahap34853, and was sentenced to May 1, 2014, “D shall pay to the Plaintiff 120,000,000 won and the amount equivalent to 6% per annum from August 21, 2013 to November 11, 2013, and 20% per annum from the next day to the date of full payment.”

(hereinafter “this case’s acquisition amount”). 【Defendant B: Each entry in the evidence Nos. 6, 7, and 9, the purport of the whole pleadings, Defendant C: the absence of dispute, the entry in the evidence Nos. 6, 7, and 9, and the purport of the whole pleadings.

2. Judgment on the main claim

A. Defendant B, the primary cause of the claim (Plaintiff’s assertion) was the actual operator of D, who was in breach of trust and embezzlement of KRW 120,00,000 among the construction price received by D from D, as the actual operator of D, Defendant B, as the tort of breach of trust and embezzlement, and Defendant C, as the tortfeasor of D, jointly and severally liable for damages against D as the nominal operator of D and the user of Defendant B, and as such D is insolvent, the Plaintiff holding the claim for the judgment on the acquisition amount of the instant claim against D, is subrogated to the said claim for damages against the Defendants of D.

B. As to whether Defendant B committed a tort of breach of trust and embezzlement of the construction price of Defendant B, the written evidence Nos. 1-11, 22-25 and each submission of financial transaction information with respect to the Health Center, A-1-1, 22-25, and this court’s issuing an order to submit each financial transaction information to the Postal Information Center.