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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. The facts of recognition 1) Defendant B owned the entire shares issued by the Plaintiff and actually operated the Plaintiff by January 9, 2008. Defendant C served as the Plaintiff’s representative director from October 15, 2004 to April 5, 2010. In addition, Defendant B is Defendant D (hereinafter “Defendant D”).
(2) On September 12, 2007, Defendant B and Defendant C embezzled each of the Plaintiff’s funds of KRW 120 million on September 13, 2007, and KRW 80,000,000 of the Plaintiff’s funds on September 13, 2007, and around that time, Defendant B paid KRW 200,000,000 to Defendant D for KRW 200,000,000, and acquired KRW 200,000,000 for new stocks.
At the time, Defendant C made a settlement of accounts as if the Plaintiff lent KRW 200,000,00 to Defendant B.
3) On December 12, 2007, in collusion between Defendant B and Defendant C, the Plaintiff embezzled KRW 100,000,000,000, and around that time, Defendant C paid KRW 100,000 to Defendant D’s employees on behalf of Defendant D. At the time, the Plaintiff entered into accounting as if the Plaintiff lent KRW 100,000,000 to Defendant D. 4) as a criminal fact of the above embezzlement, Defendant C was sentenced to a suspended sentence of imprisonment for one year at the Seoul Western District Court on June 13, 2014, and Defendant C was sentenced to a suspended sentence of imprisonment for six months at the same court (2014No294) and became final and conclusive around that time (2014No294).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, and 20 (including provisional number) are stated as evidence No. 5, the purport of the whole pleadings
B. Determination 1) Defendant B and Defendant C embezzled KRW 120,000,000 of the Plaintiff’s funds on September 12, 2007 and embezzled KRW 80,000,000 on September 13, 2007, thereby causing damage to the Plaintiff in total. As such, Defendant B and Defendant C, barring any special circumstance, do so in accordance with Article 750 of the Civil Act.