1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 and the purport of all pleadings:

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaging in petroleum wholesale and retail business, and Defendant C is a director in charge of the fund management of the Defendant Company.

B. The Plaintiff was supplied by the Defendant Company with light oil, light oil, gasoline, etc. while operating the “F station” (hereinafter “Plaintiff gas station”) in the Dong-gu, Dong-gu, Chungcheongnam-gu, 201 to May 2014.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the network D (the deceased on May 15, 2015, hereinafter “the deceased”) with the head of the business division of the Defendant Company supplied the Plaintiff with indoor light oil more indoor light oil than the actual indoor light oil supplied. The tax invoice was falsely issued, and the Plaintiff also accepted the tax invoice by offering light oil (the “one-time non-data”) as much as the difference in the supply of indoor light oil as the difference in the supply of the indoor light oil (the “tax return”).

Accordingly, from November 201 to March 201, 201, Defendant Company issued a tax invoice that supplying an indoor oil of 1.3 million to 8,000 square meters, but in fact supplied only 532,00 liters to the Plaintiff, and the Plaintiff paid all the amount of oil on the tax invoice issued by the Plaintiff.

However, the Defendant Company did not supply without any material equivalent to the price paid by the Plaintiff, and accordingly, the Defendant Company embezzled KRW 254,440,000,000, out of the price that the Defendant Company received excessive payment from the Plaintiff and returned, while being kept by the Deceased for the Plaintiff.

Therefore, Defendant C is a joint tortfeasor who participated in or aided the above embezzlement of the deceased, and the defendant C is obligated to pay damages and delay damages equivalent to the above embezzlement to the Plaintiff as the employer of the deceased and the defendant C.

(b).