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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff conducted redevelopment projects in Seongdong-gu Seoul, Seongdong-gu, Seoul, and around July 2007, the number of members with right to sell shares was 1,435 but the number of apartment units that can be purchased by members was 1,395.
Accordingly, the Plaintiff borrowed the amount of KRW 7 billion from Samsung C&T Co., Ltd. (hereinafter “T&T”) which is the contractor to make up for the preparation of administrative disposition from September 5, 2007, 2007, KRW 4.5 billion, KRW 5 billion on Nov. 28, 2007, and KRW 7 billion on Nov. 28, 2007, and KRW 7 billion on a total, from the perspective of the following: (a) the Plaintiff borrowed a plan to maximize the profits that can be refunded to the union members through the division and consolidation of a large-scale apartment complex by reducing the number of union members; (b) the value of the redevelopment apartment complex; and (c) the increase in the general sale by means of the division and consolidation of a branch.
On September 6, 2007, the Plaintiff established the non-party E (hereinafter referred to as the “E”) as the representative director of the Defendant, who was the head of the Plaintiff’s general secretary, as the Plaintiff’s non-party D. On September 3, 2007, the Plaintiff entered into an agreement on the entrustment of business affairs (hereinafter referred to as the “instant entrustment agreement”) with the content of entrusting the Plaintiff with the business of funding, recovery, management, etc. for the division and consolidation of a branch (hereinafter referred to as the “instant entrustment agreement”), and paid 7 billion won borrowed from Samsung C&T over several times from September 6, 2007 to December 24, 2007 in the form of loans, and had the Defendant exercise overall control over the decision on the execution of the funds and the management of the details of the use of the funds.
Since then, the defendant, along with the non-party F, G, and the executive officers of the plaintiff or E and their relatives who are registered as the director of the plaintiff, was engaged in subdivision or division by borrowing the shares of the existing members, and in the process, the defendant embezzled the funds of E as follows: