1. Of the judgment of the court of first instance, the amount of money that the court ordered the payment in the judgment of the court of first instance rendered on November 8, 2013 is related to the amount that is ordered to be paid.

1. After re-delivery, the Plaintiff filed an appeal against the Defendant in the first instance trial on the damages claim for nonperformance of obligations or illegal acts, and against the Defendant, the entire damages claim was rejected. The first instance court dismissed the part of the damages claim for illegal acts on the ground that the Defendant, as the president of the Plaintiff, voluntarily used the above amount while performing his/her duties, and partly accepted the part of the damages claim for illegal acts on the ground that the Defendant, as the primary claimant against the Defendant, voluntarily discharged the Plaintiff’s deposit, even though the Defendant was dismissed from the Plaintiff’s office.

Accordingly, the plaintiff appealed on both the main claim and the main claim partially dismissed, and the defendant appealed on the above main claim partially accepted.

However, the judgment of remand dismissed the plaintiff's appeal as to the main claim, partially accepted the plaintiff's appeal as to the conjunctive claim, and reversed and remanded only the plaintiff's conjunctive claim, so the scope of the judgment of remanding party was limited to the plaintiff's conjunctive claim, and the plaintiff's main claim was determined and excluded from the judgment.

The court of re-transmission accepted the portion of damages claim amounting to 45,167,830 won from October 27, 2008 to November 8, 2013 and the amount equivalent to 20% per annum from the next day to the next day to the day of full payment on the ground that the Defendant withdrawn the Plaintiff’s deposit even though the Defendant was dismissed from the Plaintiff’s office. The court of re-transmission accepted the Plaintiff’s appeal and reversed only the portion of the judgment of the court of re-transmission to which the Plaintiff lost.

Therefore, the party review.