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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a person who served from January 2, 200 to September 2, 2009 as a director (joint representative director from February 28, 2008 during the above period) of a stock company C (hereinafter "foreign company") and was in charge of fund management, customer management, etc., and the defendant is the representative of the non-party company as the non-party company's external village.
B. 1) The Plaintiff’s case of occupational embezzlement No. 2012 high-class 2488 (hereinafter “prior criminal case”) at the Jung-gu District Court Goyang Branch 1)
The defendant (referring to the plaintiff; hereinafter the same shall apply) is a person who is in charge of fund management, customer management, etc. while being in office as a director of the non-party company. ① The non-party company pretended to subcontract the construction work to Red Profit Facility Management Co., Ltd. (hereinafter referred to as "red Red Profit Facility Management"), which is a partner company, between D and D, and agreed to return the company's operating fund again after remitting it to the red Profit Facility Management as the price for the construction work. From July 23, 2008 to January 7, 2009, the non-party company's operating fund amounting to KRW 110 million (hereinafter referred to as "the first embezzlement of this case") was wired to the Hong Profit Facility Management Corporation's corporate account and embezzled it (hereinafter referred to as "the non-party company's embezzlement of this case"). ② The non-party company's 100 million won (hereinafter referred to as "the funds of this case") should be remitted to 300 million won or less, and then the funds of this case's 1001.3 billion won.
(3) The sum of the operating funds of the non-party company that was remitted to the partner company or the subcontractor through the processing method is KRW 526,565,00 and the personal account directly from the customer of the non-party company.