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1. The judgment of the first instance court, at the request of the trial amendment, including the succession participation of the Plaintiff’s succeeding intervenor, is as follows.
Reasons
1. Basic facts
A. The plaintiff A is a person who operates the plaintiff company and is between the defendant C and his family. The defendants are married.
B. After retirement age, Defendant C operated the Plaintiff Company with the Plaintiff Company, and the Plaintiff Company was in charge of funding and employee management, and the Plaintiff Company was in charge of manufacturing and supplying products. If the Plaintiff deposited the Company’s operating fund with the passbook in the name of Defendant C, Defendant C operated the Plaintiff Company’s funds by depositing it again into the passbook in the name of the Plaintiff Company.
C. Around December 2012, Defendant C retired from the Plaintiff Company, and Defendant D completed the registration of transfer of ownership based on donation on March 14, 2013.
The Intervenor loaned KRW 200 million to the Plaintiff A on March 10, 2006, and KRW 100 million on April 25, 201. On March 24, 2016, the Intervenor received the claim for damages arising from the instant lawsuit that the Plaintiffs had against the Defendant C from the Plaintiffs, and the Plaintiffs notified the Defendant C of the assignment of claims on the same day and received the said notification around that time to the Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, 18 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The intervenor's assertion;
A. The embezzlement of KRW 17,33,188, which is to be returned to the Plaintiff A, has deposited money to the Plaintiff’s new bank M account according to the end of the Defendant C. The total amount deposited into the Defendant C’s above account between January 15, 2007 and November 8, 2012 is KRW 395,583,048. The sum of the above money and the embezzlement money to be seen below is KRW 1,673,100,000 in total with the Plaintiff’s claim against the Plaintiff, and the Plaintiff deposited KRW 1,673,100,000 in the Plaintiff Company’s new bank account from January 11, 2007 to November 16, 2012, the Plaintiff deposited KRW 1,673,100,000 in the Plaintiff Company’s total amount from February 16, 2007 to October 16, 2015.