1. The instant lawsuit shall be dismissed.

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

1. Facts of recognition;

A. On March 18, 2016, the Defendant served as the Plaintiff’s head of the Plaintiff’s headquarters from March 18, 201 to October 27, 2012, the Defendant issued a summary order (this Court Decision No. 2015Da4107, Sept. 27, 2012) sentencing KRW 5 million for the crime of occupational embezzlement on which he/she arbitrarily consumed KRW 25 million on June 2, 2012, KRW 4 million, and KRW 4 million on June 3, 2012, and KRW 5 million for the crime of occupational embezzlement (this Court Decision No. 2015Da4107, Jun. 10, 2016).

(3) On October 14, 2015, the Defendant lodged an appeal against the instant criminal judgment; however, on April 2, 2017, the lower court rendered a judgment dismissing the appeal (Seoul District Court Decision 2016No1691). Meanwhile, on October 14, 2015, C, the representative director of the Plaintiff, filed a complaint against the Defendant on the grounds of occupational embezzlement, theft, etc. (hereinafter “instant criminal case”); however, on July 21, 2016, the Defendant revoked the complaint against the Defendant; and on July 22, 2016, the Defendant was subject to a non-prosecution disposition not to institute a prosecution against the instant criminal case at the Seo-gu District Prosecutors’ Office of Daejeon District Prosecutors’ Office.

B. (1) On March 31, 2016, the Plaintiff filed an application with the Defendant for a payment order seeking the payment of embezzlement money stated in the criminal facts of the instant criminal judgment against the Defendant at the Seosan District Court, Seosan Branch, the Daejeon District Court, and the Defendant raised an objection against the said payment order. (2) On July 5, 2016, C, the representative director of the Plaintiff, transferred KRW 13 million to the Defendant to the Daejeon District Court, Seosan Branch of the Daejeon District Court, Seosan Branch, on March 29, 2012, on the ground that the Defendant used the payment of public charges of KRW 5 million among them and arbitrarily consumed the remainder of KRW 8 million.