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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. This is due to the extension of claims for the costs of appeal.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion asserts that, as the Defendant’s service in the G Co., Ltd. G’s sified cell phone store operated by the Plaintiff and embling KRW 30,574,200, a sum of KRW 30,574,200 from October 8, 201 to January 31, 2013, as shown in the attached Table, was embezzled by depositing it in the Defendant’s account, the Plaintiff is liable to pay the Plaintiff the said KRW 30,574,200 as compensation for damages and delay damages.
B. According to the results of the fact-finding on the new bank of the first instance court, the fact that the sum of KRW 30,574,200 has been deposited in cash through the automated machine once from October 8, 201 to January 31, 2013, as shown in the attached Table, in the new bank account in the Defendant’s name. However, in light of the fact that the Plaintiff did not provide the Defendant with a corporate account related to the operation of the above mobile phone store, and the fact that the Defendant did not deal with the above store entry and exit through the personal account is not a dispute between the parties, it appears that the Defendant paid the sales price of the above store to the customers through the personal account or settled the unpaid mobile phone charges of the customers. Meanwhile, in light of the fact that the Defendant’s individual living expense was deposited through the above account, each statement of subparagraphs 3 through 5, and the witness testimony of the first instance court alone, there was no evidence to acknowledge that the above amount was voluntarily returned from the Defendant’s cell phone sales and release from the above mobile phone.
2. If so, all of the plaintiff's claims of this case are dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and thus, the plaintiff's appeal and the claim extended in the court of first instance all.