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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 Defendant is a person who performed accounting duties while serving as the Plaintiff’s vice head from around 2001 to March 2016.
B. On July 1, 2016, the Plaintiff embezzled KRW 32,238,048 as the result of self-audit on April 14, 2016, and removed the Defendant from office on the grounds of accounting manipulation, settlement of accounts, and lack of settlement (2 billion won, such as competition expenses, landscaping expenses, and dispatch expenses) with the window dressing accounting, and the Defendant’s objection was dismissed. (c) The Defendant conspired with C, who was the secretary general of the Plaintiff as of January 16, 2012, in collusion with C, who was the Plaintiff’s head of the secretariat, to “2,238,048 won as the result of self-audit on April 14, 2016,” and was subject to a disposition of suspension of indictment on the grounds that the Plaintiff again transferred KRW 50,000,000 to the Plaintiff’s account to G deposit account, and received KRW 131,130,000 as Defendant H bank account and received the Defendant’s non-party employees’s objection.
【Ground for Recognition: Unsatisfy Facts; Gap evidence 1 through 9; Gap evidence 40; the purport of the whole pleadings】
2. Determination as to the cause of action
A. (1) The plaintiff's defendant asserts that earned income tax, industrial accident insurance premium, employment insurance premium, national pension, and medical insurance premium, etc. withheld by the plaintiff among the wages of the plaintiff's employees in the deposit account in the plaintiff's name.
B. From January 2013 to December 2015, the Defendant embezzled KRW 30,929,858 of the difference between the amount actually paid by the Defendant and the amount withdrawn from the Plaintiff’s deposit account. On January 16, 2012, the Defendant conspired with C, who was the Director General of the Plaintiff, to transfer KRW 5,50,000 to the G deposit account of the International Association, KRW 1,310,000,000 received KRW 1,310,000 to the Defendant’s deposit account, and embezzled it by voluntarily using the amount of KRW 1,310,000 to the Defendant’s deposit account.