The plaintiff is a company selling alcoholic beverages, and the defendant worked as the plaintiff's business member from November 2, 1998 to November 11, 201, and mainly transported and supplied alcoholic beverages to the customers.

Around March 2010, the Plaintiff filed a complaint against the Defendant on the ground that the Defendant embezzled the sales proceeds of alcoholic beverages collected from the Plaintiff’s customer. On May 13, 2011, the Defendant was notified of a summary order of KRW 2 million for the crime of embezzlement of KRW 3926,270 of the Plaintiff’s alcoholic beverage price from the original branch of the Chuncheon District Court. The said summary order became final and conclusive around that time.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 5 (including each number), the purport of the whole pleadings.

Judgment

According to Gap evidence No. 2-3 and witness B's testimony as to the cause of the claim, the defendant is in charge of the business of receiving liquor sales proceeds from his customer while working as the plaintiff's employee. The defendant was not paid part of the amount received from his customer, and the plaintiff recorded and managed the status of the defendant's non-paid amount in the account book as "provisional payment". The defendant made a subsequent repayment of the non-paid amount and deducted the above non-paid amount from the payment that the plaintiff pays to the defendant, and the defendant made a deduction of the non-paid amount. The defendant's non-paid balance was changed continuously, and the defendant's non-paid amount was 20,784,731 won as of January 18, 201. Accordingly, it is reasonable to deem that the plaintiff and the defendant agreed to pay the above non-paid amount to be returned to the defendant for

In this regard, the defendant's advance payment seeking payment is not the amount that the defendant actually received from the plaintiff, but the amount that the defendant has not recovered from the transaction partner as the claim against the defendant who is the business partner, and the account books (Evidence A 2-3) presented by the plaintiff as evidence are presented by the plaintiff.