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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1- 5 (including a serial number) by integrating the overall purport of the pleadings.
Plaintiff
From June 2013 to May 14, 2014, 4, including C, the current representative director of the company, acquired the management right of the company of the plaintiff company by purchasing 10,000 won (5,000 won per share) of the shares issued by the plaintiff company from five persons, including the defendant, who had been the shareholder of the plaintiff company as follows:
(1) On June 2013, C, D, and E purchased 6,000 shares of the shares owned by them from the Defendant, F, and G and purchased 420,000,000 shares of the shares owned by them, D transferred 3,00 shares of the shares owned by F and 700 shares of G, E transferred 2,00 shares of the shares owned by the Defendant, and C transferred 300 shares of the shares owned by G.
(2) On May 14, 2014, Y and I purchased 400 million Won from H and I for shares owned by 456 million won.
B. Around May 10, 2007, the Defendant, the representative director of the Plaintiff Company, prepared a lease agreement with the Plaintiff Company, stating that the amount of KRW 100,00 of the J parking lot site in Ulsan-gun, Ulsan-gun, is to be leased to KRW 50,00,00,000, and entered into a lease agreement, around May 25, 2007, to lease KRW 50,000,000,000,000,000,000,000,000,000.
(hereinafter referred to as "each of the lease agreements in this case"). Afterward, accounting documents, such as statement of financial position, statement of total balance, statement of assets, etc. of the Plaintiff company, etc. have been included in the assets of KRW 1.3 million in the name of the lease deposit.
2. The assertion and judgment
A. The gist of the party’s assertion (1) was that the Defendant prepared each of the instant lease agreements even though the Plaintiff did not actually conclude the lease agreement, and fraudulently embezzled KRW 130 million of the Plaintiff Company’s funds by using the lease deposit payment title.