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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. From March 10, 2009 to November 15, 201, D, as the representative director of the Plaintiff Company established for the purpose of metal cutting operation, controlled the business of operating the Plaintiff Company and managing its funds. E, from June 2009 to October 31, 201, was in charge of the Plaintiff Company’s business of lending the corporation as the factory head of the Plaintiff Company. Defendant C is the representative director of the Defendant B Co., Ltd (hereinafter “Defendant Company”).
B. Defendant C was indicted for occupational embezzlement of the Changwon District Court Branch 2014Da727, 1089 (merged) due to the following criminal facts (hereinafter “the instant embezzlement”), and was sentenced to imprisonment on February 10, 2015 and two years of suspended execution from the said court. Defendant C appealed, but the appeal was withdrawn on May 20, 2015, and the said criminal judgment became final and conclusive.
D, E, and Defendant C conspired for the purpose of raising funds for personal use under the pretext of loan honorariums, and they transferred the amount entered in the tax invoice to Defendant C by issuing a false sales tax invoice from Defendant C’s Defendant Company and F, and Defendant C received money from Defendant C by deducting a certain amount and returning it again.
D. On June 28, 2010, while keeping the Plaintiff Company’s funds in the Plaintiff Company’s office located in Kimhae-si, Kim Jong-si, the Plaintiff Company was supplied with automatic injection of the lease from the Defendant Company operated by the Defendant Company. However, the Plaintiff Company’s corporate account was transferred KRW 35.2 million from the Plaintiff Company’s corporate account in the name of the Defendant Company to the Agricultural Cooperative account in the name of the Defendant Company, and KRW 14.4 million from the Defendant Company’s name to the Agricultural Cooperative account in the name of the Defendant Company.
Since then, Defendant C, with the exception of KRW 24.6 million among the above money, transfers each of the above money to the new bank account in the name of E, excluding KRW 5.5 million on July 6, 2010, KRW 50 million on July 14, 2010, KRW 50 million on July 16, 2010, and KRW 10 million on July 16, 2010 to the post office account in the name of E, and year 2010.