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1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The Plaintiff:
A. Defendant B shall be KRW 230,000,000.
Reasons
1. Judgment as to the main claim
A. Defendant B asserted that he had passbook and seal in the Plaintiff’s name without the Plaintiff’s consent, thereby withdrawing and using cash from the Plaintiff’s account under the Plaintiff’s name without the Plaintiff’s consent, or by transferring money to the Defendants’ name or to another person’s account. Defendant C used KRW 152,495,080 out of the said money as the purchase fund for the Southern-gu D Apartment and E (hereinafter “instant apartment”).
The Plaintiff suffered damages of KRW 403,378,080 due to the said tort committed by the Defendants, and thus, the Plaintiff is obligated to compensate the Plaintiff for the damages incurred by Defendant B, Defendant B, and Defendant C, jointly with Defendant B, KRW 152,495,080, out of the said money, and delay damages incurred therefrom.
B. The written evidence Nos. 1 through 11 is insufficient to acknowledge that the Defendants withdrawn and used cash from the Plaintiff’s account without the Plaintiff’s consent, or transferred money to the Defendants’ name or to another person’s account without the Plaintiff’s consent, and there is no other evidence to acknowledge otherwise.
Rather, according to the statement in Eul evidence No. 4, it is only recognized that the plaintiff filed a complaint with the defendants under the suspicion of fraud by using computers, etc., but the prosecutor only received a non-prosecution disposition on the ground that there is insufficient evidence to acknowledge the suspected facts in the prosecutor's office.
Therefore, the plaintiff's primary claim, which is premised on the defendants' tort, is without merit.
2. Judgment on the conjunctive claim
A. 1 Plaintiff’s assertion regarding Defendant B’s claim was leased KRW 230 million to Defendant B, and Defendant B is obligated to pay the Plaintiff a loan of KRW 230 million and damages for delay. The said KRW 230 million was kept by Defendant B upon request of the Plaintiff, and the Plaintiff sought the return of the said money.