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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. Defendant B’s embezzlement of the Defendants is the Plaintiff’s accountant in charge from October 10, 2003 to March 2014. Defendant C was registered as the Plaintiff’s officer from October 10, 2003 to November 23, 201, and the Defendants are in a marital relationship. Defendant B, while working in the Plaintiff on February 3, 2005, embezzled KRW 260,000 from the Plaintiff’s account with no authority, using all the data such as the passbook, seal impression, cash card, and account book, and embezzled KRW 2,397,062,30 from around 00 to around February 9, 201, and embezzled Plaintiff B’s money to the Plaintiff as the Plaintiff’s joint and several surety’s account deposit of KRW 200,000,000 from the Plaintiff’s account with no authority to do so, and Defendant C embezzled the Defendants’ money as the Plaintiff’s joint and several surety’s account deposit of KRW 201,7081,7.7867.
From the Defendants, the Plaintiff paid KRW 40,000,000 to Defendant B several times in relation to the said notarial deed, and transferred 30,000,000 and operating rights equivalent to KRW 30,00,00. On March 26, 2014, the Plaintiff transferred KRW 100,000 to Defendant C’s account.
B. The scope of damages is that the Plaintiff suffered damages from embezzlement of the Defendants (i.e., KRW 2,397,062,305 - KRW 687,679,789). The Plaintiff suffered damages of KRW 170,000 ( = 30,000,000 KRW 30,000,000) due to the act of deception. Thus, the Defendants jointly are liable to compensate the Plaintiff for damages of KRW 1,879,382,516 (=1,709,382,516).
However, the plaintiff does not have to do so.