From October 2002, the defendant served as an assistant nurse at the dental clinic operated by the plaintiff from October 2002, and performed duties such as receipt and storage of medical expenses, books, and computerized input of the medical records system.

The Defendant embezzled total of KRW 90,325,020 from September 27, 2005 to September 12, 2014 by means of receiving cash from a patient while receiving the said medical expenses and recording it with a credit card as if he/she received cash from a patient, and consuming cash received as medical expenses for an individual purpose.

On December 20, 2017, the Defendant was charged with the above criminal facts and was sentenced to one year of imprisonment for occupational embezzlement in the Seoul Northern District Court (2017 Godan3169). The Defendant and the Prosecutor were not dissatisfied with the above judgment and became final and conclusive as they were not dissatisfied with.

[Ground of recognition] In light of the facts without dispute, Gap 1-13 evidence, and the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff damages for delay calculated at each rate of 5% per annum from October 3, 2015 (the day following service of the complaint) to February 20, 2018 (the day of this ruling), and 15% per annum from the next day to the day of full payment (the day of this ruling).

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.