Plaintiff

A company is a company aimed at manufacturing and selling ready-mixeds, and the defendant, who entered the plaintiff company around October 2006 and was employed as a director from around September 2008 to operate the plaintiff company and instruct the payment of funds, etc., may be recognized by taking into account the whole arguments in the items of evidence No. 13 and evidence No. 3, unless there is any dispute between the parties, or the whole purport of arguments No. 13 and No. 3.

The summary of the parties’ assertion argues that, from August 1, 2008 to February 6, 2013, the Plaintiff Company embezzled KRW 308,978,246 by either transferring funds from the Plaintiff Company’s account to the Defendant’s account or from the D Company’s account in which the Defendant actually participated in the management, or withdrawing cash. From June 5, 2009 to November 10, 201, the Plaintiff Company embezzled KRW 80,15,375, which the Plaintiff Company kept in the name account by account transfer or withdrawing cash, as above, and thus, the Defendant should pay KRW 389,13,621 as compensation for damages to the Plaintiff.

The defendant asserted that the defendant only used the funds of the plaintiff company for the plaintiff company and did not embezzled them. The defendant paid KRW 21,000,000 to the plaintiff company for the recovery of damage during the criminal trial against the defendant. Thus, it should be deducted.

According to the evidence Nos. 1, 2, 3-3, 4-1, 5, 6-1, 7-1, 8-2, 9, 10, 11, 13, 15, 17, and 17-1, 2, 9, 10, 10, 13, 15, and 17-1, 2, 9, 10, 10, 15, and 17, the fact that funds are transferred or withdrawn from the Plaintiff’s account, etc., as shown in the specification of transactions, is recognized.

However, the above facts or the evidence presented by the plaintiff alone are enough to use the above amount at will without relation to the plaintiff company.