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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
Basic Facts
A. Defendant B was in the position of the vice-chairperson of the Plaintiff clan from October 2001 to November 18, 2016, and Defendant C was in the position of the general secretary of the Plaintiff clan around the above period.
B. On February 7, 2003, Defendant C withdrawn KRW 80 million from the above account (hereinafter “instant account”) while managing the Plaintiff’s clan’s funds in the account opened in its own name.
[Reasons for Recognition] In full view of the facts without dispute, Gap evidence Nos. 4 and 7 (including branch numbers, if any) of Gap's evidence Nos. 1 and 3, and the whole purport of the pleading as a whole, and the whole purport of the pleading against the parties' personal questioning results (excluding the non-trusted portion) against Eul, the defendant C voluntarily withdraws from the account of this case on February 7, 2003 to the defendant Eul's funds amounting to KRW 80 million, and dried up to the defendant Eul for a loan. The defendant B may recognize that he did not return the above KRW 80 million to the plaintiff's clan until now, and that Eul's statement No. 1 (F's factual confirmation) and witness F's testimony alone are insufficient to reverse the above recognition.
According to the above facts, the defendants can be deemed to have embezzled the funds of 80 million won of the plaintiff clan in common, and thereby the plaintiff clan suffered losses of 80 million won.
Therefore, the Defendants are jointly liable for tort against the Plaintiff clan, and the Defendants are jointly liable for 80 million won and delay damages to the Plaintiff, barring any special circumstances.
Even if Defendant C did not obtain any property profit due to the above embezzlement, the above act by Defendant C was involved in the embezzlement by Defendant B, or at least aiding and abetting the embezzlement by Defendant B, so Defendant C is also about the Plaintiff’s clan with Defendant B.