1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a company that produces aggregate products and engages in wholesale and retail business.

Defendant C served as the Plaintiff’s internal director from May 25, 2012 to April 11, 2016.

B. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the Round business, etc.

C. The Plaintiff filed a complaint against Defendant C on suspicion that Defendant C embezzled the amount equivalent to the price of the said price of the earth and stones by receiving the Plaintiff’s price of the earth and stones from Defendant C’s personal account.

On March 16, 2018, the Daejeon District Prosecutors' Office rendered a non-prosecution disposition on the grounds that there is insufficient evidence to prove the suspicion of occupational embezzlement by Defendant C.

[Ground of recognition] Facts without dispute, entry of Eul-Na 1 and 2 evidence, purport of the whole pleadings

2. Determination as to the claim against Defendant C

A. Although Defendant C received the Plaintiff’s price of the supply of earth and stones from the Plaintiff’s account under the Plaintiff’s name, he embezzled the amount equivalent to KRW 254,939,798 of the Plaintiff’s price of the supply of earth and stones by receiving payment from one bank account (Account Number D) under his personal name (hereinafter “Defendant C’s one bank account”).

Therefore, Defendant C is liable for compensating the Plaintiff for the damages caused by this, and the Plaintiff, as a part of the claim, seek a payment of KRW 100 million and damages for delay.

B. Determination 1) According to the results of the Defendant’s financial transaction information reply against Han Bank, approximately KRW 250 million was deposited from January 2014 to July 2015 with one bank account under the Defendant C’s name. Of the total deposit amount of KRW 137 times in total, KRW 132 times in total, ② The Nonghyup Bank account in Defendant C’s name (Account Number E) and the Local Agricultural Bank Account (Account Number F) (hereinafter “Defendant C’s Nong Bank Account”) and the Local Agricultural Bank Account.

It is recognized that the total amount of remittances has been 72 times.

① Money deposited in the account in the name of the Defendant C in cash and ② Defendant C’s name.