1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

A. The Plaintiff is a company engaged in timber processing business, etc. The Defendants are those registered as the Plaintiff’s internal director from November 1, 2011 to April 2, 2014, and Defendant B is a person in charge of the Plaintiff’s financial management from December 201 to March 2014, and Defendant C is a parent of Defendant B.

B. From August 21, 2012 to March 20, 2014, Defendant B transferred KRW 132,500,000 from the corporate account under the Plaintiff’s name to the personal account under the Defendant C, over 16 occasions.

[Ground of recognition] The Plaintiff Defendants embezzled the Plaintiff’s funds equivalent to KRW 132,50,00,00 from the Plaintiff’s personal account under the name of Defendant C by arbitrarily transferring the Plaintiff’s funds equivalent to KRW 132,50,000 to the Defendant’s personal account in collusion with the intent of the entire pleadings, including the number of branch numbers; hereinafter the same shall apply), the Plaintiff’s evidence Nos. 2, 3, and 2.

Nevertheless, the Defendants only returned KRW 14,000,000 among them.

Therefore, the Defendants jointly are liable to jointly pay the Plaintiff the remainder of the embezzlement amount of KRW 118,500,000 ( KRW 132,500,000 - KRW 14,000,000) and damages for delay.

In the case where the Defendant B filed a complaint with the suspicion of occupational embezzlement, the Plaintiff stated that he would no longer be subject to the investigation by submitting a letter of revocation of the complaint stating that “I would not raise any civil or criminal objection, and will revoke the complaint.”

In the case where the plaintiff filed a complaint, the part that the defendants embezzled KRW 132,500,000 in collusion was investigated. Thus, in accordance with the plaintiff's submission of a letter of revocation of complaint and the statement to investigation authorities, the agreement between the plaintiff and the defendants was concluded.

Therefore, the lawsuit of this case shall be dismissed as it was instituted in violation of the non-committee agreement, and is unlawful.

The plaintiff, who has no embezzlement, is an individual under the name of the defendants.