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(영문) 대구지방법원서부지원 2016.06.22 2015가단17498

손해배상(기)

Text

1. The Defendant’s KRW 21,787,60 for the Plaintiff and KRW 5% per annum from May 1, 2014 to August 20, 2015.

Reasons

1. Determination as to the cause of claim

(a) The following facts may be admitted, either in dispute between the parties or in each entry in Gap evidence 1 to 6 (including each number in the case of a serial number): the whole purport of the pleadings may be taken into account:

1) The Plaintiff was engaged in wholesale and retail business, such as consumer goods and miscellaneous goods, with the trade name “D” in Daegu-gun District Court (hereinafter “D”). From June 2013 to April 2014, the Defendant entered into an employment contract with the Plaintiff and worked as a business employee of the said company, and took charge of delivery of goods, collection money, and business management.

3) On January 23, 2014, the Defendant received KRW 350,00 from the business partners in the racing market, but around that time spent the amount of KRW 21,787,600 for personal purposes, from that time to April 30, 2014, the Defendant arbitrarily consumed the amount of KRW 21,787,60 through the same method on 24 occasions until April 30, 2014. (4) On December 11, 2014, the Daegu District Court sentenced the Defendant’s above embezzlement to be punished by imprisonment for six months for occupational embezzlement (2014No3289), and the above judgment became final and conclusive through the appellate court (Seoul District Court 2015No588).

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for embezzlement amounting to KRW 21,787,600 as compensation for criminal acts and damages for delay at each rate of 5% per annum under the Civil Act from May 1, 2014 to August 20, 2015, which is the day following each embezzlement date, the original copy of the instant payment order was served on the Defendant, as sought by the Plaintiff, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. On the judgment of the defendant's assertion, the defendant's non-receiving wages for 1.5 months, 2. The defendant's liability amount on behalf of the plaintiff in relation to the issuance of the tax invoice against the customer, 3. The air conditioners support amount that the defendant shall pay to the business customer.