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(영문) 의정부지방법원 2018.06.05 2017가단131479

업무상횡령금

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1. The Defendant’s KRW 97,170,00 for the Plaintiff and KRW 5% per annum from October 28, 2017 to June 5, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the Da Camp-gu located in Namyang-si, Namyang-si.

B. Around July 1, 2005, the Plaintiff and the Defendant entered into a contract with the head of the Tong-gu (hereinafter “Defendant”) to offer members of the Tong-gu club who want to use the camping ground of this case for the Plaintiff, to operate and manage the camping ground, and to collect the fee for the use of the camping ground.”

C. Around July 28, 2015, the Defendant embezzled KRW 193,490,000 in total over 143 times until October 4, 2016, from the person in charge of the use of the above camping ground, who was kept for the Plaintiff by collecting KRW 1,40,000 from the person in charge of the camping ground, and used it for personal use around that time.

The defendant was convicted of one year of imprisonment due to the above crime and became final and conclusive.

(J) According to the above judgment, the Defendant’s repayment to the Plaintiff by the time the judgment was rendered is KRW 87 million.

【Ground for Recognition: Description of Evidence A Nos. 1 and 2

2. The Plaintiff’s assertion embezzled KRW 193,490,000 and repaid KRW 96,320,00 to the Plaintiff. Since the above embezzlement and additional KRW 52,240,00,00, other than the above embezzlement and embezzlement, the Defendant sought payment of the interest in arrears (= KRW 149,410,000 (= KRW 193,490,000 - KRW 96,320,000) and its interest in arrears calculated by adding up them to the Defendant.

On April 9, 2018, the Plaintiff’s preparatory brief, and the Plaintiff did not extend KRW 143,490,000, which is the principal value of the previous claim.

3. Determination on the cause of the claim

A. In relation to the existing embezzlement amount of KRW 193,490,00, the Defendant alleged that the Defendant repaid KRW 96,320,000 among the above embezzlement amount of KRW 196,320,00, and the Plaintiff did not dispute this. Therefore, the Defendant is obligated to pay the Plaintiff the interest for delay, barring special circumstances (=193,490,000 - 96,320,000) and interest for delay.

B. The Plaintiff asserted that the Defendant has additionally embezzled KRW 52,240,000, but Party A.