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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. 1) The parties concerned are companies that run a liquid waste purification tank cleaning business, garbage disposal business, etc. (2) The Defendant was appointed as the representative director of the Plaintiff on March 31, 2010 and the term of office expires on February 21, 2017. C, the Defendant’s male birth, was appointed as the representative director of the Plaintiff on March 27, 2007, and the term of office expired on February 21, 2017.
B. On July 25, 2012, the Plaintiff subscribed to the E-pension Insurance of D Co., Ltd. as the insured C, the contractor, and the beneficiary, and paid the Plaintiff’s insurance premium out of the Plaintiff’s funds. (ii) On March 26, 2013, the Plaintiff was designated as the insured, the Defendant, the contractor, and the beneficiary, and subscribed to F-Life Insurance of D Co., Ltd., and paid the Plaintiff’s insurance premium out of the Plaintiff’s funds.
3) On March 23, 2017, the Defendant terminated the above life insurance and received KRW 172,891,948 as a refund for termination from D Co., Ltd. to the Plaintiff’s account in the name of the Plaintiff. On April 24, 2017, the Defendant terminated the above life insurance and received KRW 93,678,971 as a refund for termination from D Co., Ltd. to the Plaintiff’s account in the name of the Plaintiff (hereinafter collectively referred to as “each of the instant insurance”).
(C) The Defendant in the relevant criminal case was indicted on the charge that he/she embezzled KRW 256,50,000 for personal purposes while he/she kept refund money for termination of each insurance of the instant case for the Plaintiff. The court of first instance rendered a judgment of conviction on June 21, 2019 (Ji Government District Court Decision 2019No46), but the court of first instance reversed the judgment of conviction on October 25, 2019 and acquitted the Defendant (Ji Government District Court Decision 2019No1832). The Prosecutor appealed on January 30, 2020, but the Supreme Court dismissed the appeal on January 30, 202 (Supreme Court Decision 2019Do16907).
2. The plaintiff's assertion is aimed at receiving retirement allowances from the defendant and his family members as soon as possible.