A. The Defendant, while serving as an employee in charge of the Plaintiff’s accounting, embezzled the Plaintiff’s funds by transferring the Plaintiff’s main bank account from February 24, 2009 to the Defendant’s bank account from February 23, 2018 to KRW 1,434,510,756.

The annual final embezzlement date and the total sum of embezzlements shall be as follows:

B. On March 19, 2019, the Plaintiff received KRW 2,056,820 from the Defendant on March 19, 2019, respectively, and KRW 109,867,340 from C, a guarantee insurance company for identity against the Defendant, on May 15, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-5, Eul evidence Nos. 1 and 2 (including numbers), the purport of the whole pleadings

2. Determination

A. According to the fact that the obligation to return unjust enrichment was established, the Defendant, without any legal ground, obtained profits equivalent to KRW 1,434,510,756 with the Plaintiff’s property and thereby incurred the Plaintiff a loss equivalent to the same amount. Thus, the Defendant, a malicious beneficiary, shall return to the Plaintiff the remainder of the money excluding the amount repaid by the Defendant and C Co., Ltd. from the amount of statutory interest at KRW 1,434,510,756.

(2) For the convenience of calculation, the plaintiff is seeking that the above legal interest is derived from the day immediately following the date of the last embezzlement of the year in respect of the total amount of annual embezzlement. (2)

Article 479(1), (2), and (3) of the Civil Act provides that a payment made by the Defendant and C Co., Ltd. shall be made only when partial repayment is performed.