1. The part of the judgment of the court of first instance against the Defendants is revoked.

2. The Defendants jointly do so to the Plaintiffs.

1. Basic facts

A. The Defendants jointly established and operated the Z(hereinafter “Z”) with Co-Defendant 1 limited liability company in the first instance trial.

B. The Plaintiffs entered into each mutual aid agreement (hereinafter “instant mutual aid agreement”) with the Z as indicated in the date of the instant mutual aid agreement in the attached list, and paid each amount recorded in the column for payment in the attached list as membership fees. According to the instant mutual aid agreement, the instant mutual aid agreement states that “A member or mutual aid company may withdraw or terminate the mutual aid agreement if it is not possible to receive the event due to the circumstances of the mutual aid company, and in this case, the mutual aid company shall return the paid-in fees to its members, and the rights and obligations of the parties to the contract shall be terminated by returning the paid-in fees.”

C. Defendant W embezzled KRW 83,39,000 of the Company Fund from July 4, 2006 to March 16, 201, while taking charge of the revenue and expenditure duties of the Company Fund of the Z, and was sentenced to imprisonment with labor for ten months from the Jeonju District Court on September 5, 2013, and the above judgment became final and conclusive.

The Z closed on June 19, 2014, and the deposit balance owned as of July 14, 2014 is merely 3,633 won, there is no particular property otherwise owned, and there is no local tax and national health insurance premium in arrears.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5 through 14, purport of the whole pleadings

2. According to the above facts of the judgment as to the claim against the defendant W, the defendant W is obligated to pay Z the amount of 83,399,000 won for the damage caused by embezzlement, and the damages for delay thereof. Since Z is obligated to refund each of the money recorded in the annexed list column of the membership fees received under the above agreement of this case and the damages for delay thereof to the plaintiffs, the defendant W is within the limit of each preserved claim against the defendant W in subrogation as the creditor against Z.