1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters added to the cause of the instant claim by the Plaintiff, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Matters to be judged additionally;

A. The Defendant asserted that the Defendant received KRW 148 million from C, which the Defendant received as C, was aware of the amount raised in an abnormal manner without accounting management by C, namely, the amount of non-financial funds, and received the above amount and sustained damages equivalent to the above amount against the Plaintiff.

B. The following circumstances are established based on the facts acknowledged prior to the determination and the purport of the entire pleadings, namely, ① A made a statement at an investigative agency that used the amount of KRW 442,458,890 in cash, which was the Plaintiff’s embezzlement, as bonus, to the Defendant, etc., but did not specify the amount paid as bonus to the Defendant out of the above amount; ② there is no evidence to acknowledge that the Plaintiff’s payment as bonus was part of the above KRW 442,458,890, which was the Plaintiff’s embezzlement by C; ③ among KRW 148,000,000,000,000,000, which was the Defendant’s bonus paid to the Defendant as bonus and check, it is difficult to view that the Defendant was in charge of the Defendant’s payment of KRW 48,00,000,000,000 in cash and KRW 308,000,000 as bonus, and the remainder is not known to the Defendant’s wife’s account transfer or account transfer.