1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. The plaintiff's assertion

A. The defendant is the husband of C who is the plaintiff's shareholder.

around June 2011, the defendant was issued a passbook and a seal to manage the company's funds from D, the representative director of the plaintiff.

B. However, on July 5, 2011, the Defendant withdrawn 45.8 million won from the Plaintiff’s passbook and embezzled it at his/her own discretion.

C. The Defendant is obligated to pay the Plaintiff damages amounting to KRW 45.8 million due to embezzlement and delay damages.

2. Determination

A. In addition to the overall purport of the arguments in the evidence Nos. 1 through 3, the purport of the whole pleadings is as follows: ① A company that engages in forest aggregate extraction business, etc.; ② the Defendant invested KRW 140 million in the Plaintiff around January 201; ③ D has served as the representative director of the Plaintiff between January 27, 201 and April 21, 2016; ④ upon the Defendant’s request for return of the investment amount, D delivers the Plaintiff’s passbook and seal to the Defendant around June 201; ⑤ the Defendant withdraws KRW 458 million from the Plaintiff’s passbook on July 5, 201.

B. Meanwhile, as alleged in the instant case, E and F, the representative director of the Plaintiff, filed a complaint for embezzlement against the Defendant on the part of the instant case. However, the Daejeon District Prosecutors’ Office (the Defendant in this case), on October 30, 2018, acknowledged the fact that the Defendant was not guilty of having withdrawn money from the corporate passbook on the ground that “the withdrawal of money from the corporate passbook was only recovered from the corporate passbook.” In light of these facts, it is insufficient to acknowledge that the Defendant arbitrarily embezzled the money by using the said money, and there is no other evidence to acknowledge this.

C. Under the different premise, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as it is without merit, and the costs of lawsuit are assessed against each party. It is so decided as per Disposition.