1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff borrowed KRW 70 million on Nov. 4, 2014 from D, which is due to insufficient funds for the establishment of the Silver bank, to conduct corporate bond business through C’s good offices, and prepared a notarial deed with the Plaintiff’s mother E as the debtor.

B. The Plaintiff paid KRW 10 million to C in cash on the day of borrowing the said money to repay the said debt, and remitted KRW 60 million to the account in the name of the Defendant.

C. However, the Defendant embezzled KRW 60 million, which was remitted as above, without using it to repay the debt to D.

Accordingly, E has suffered losses from re-payment of KRW 89 million, including interest, etc. to D.

E. Therefore, the defendant is liable for paying the above embezzlement amount of KRW 60 million and damages for delay.

2. Determination

A. According to the Plaintiff’s assertion, the Plaintiff only remitted 60 million won to C with the intent to pay the said money, and did not intend to remit the money to the Defendant (i.e., the Plaintiff appears to have known that the person using the account transferred in the amount of KRW 60 million was C, not the Defendant). In light of the fact that the Plaintiff wired money to the Defendant’s account under the name of the Defendant, and there is no other evidence to acknowledge that the Plaintiff embezzled the said money.

B. Even if C embezzleds KRW 60 million remitted as above, it is difficult to recognize that the Defendant used his account to the Plaintiff, and the entries of evidence No. 6 alone do not support the Defendant’s accomplice of embezzlement or aiding and abetting C’s embezzlement, and there is no other evidence to acknowledge this otherwise.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.