In the case before the remand, the Plaintiff selected the claim for damages due to fraud or embezzlement, and expanded the claim for damages by adding the damages claim to KRW 180,000 among KRW 380,000,00.

The appellate court prior to the remand dismissed the Plaintiff’s appeal concerning the loan claim, and dismissed the claim for damages due to fraud among selective additions, and accepted part of the claim for damages due to embezzlement, and ordered the Defendant to pay 180,000,000 won as to the amount of KRW 100,000 from March 26, 2005 to January 17, 2014, the amount of KRW 5% per annum from March 30, 2005 to January 17, 2014, and the amount of KRW 20% per annum from the next day to the day of full payment, and only the Defendant appealed.

The Supreme Court accepted the defendant's appeal and reversed the part against the defendant in the judgment of the party before remand and remanded to this court.

As a result, the part against the plaintiff in the judgment of the party before remanding the case (380,00,000 won loan claim, 180,000,00 won loan claim) was separated and finalized.

Therefore, the scope of this court's judgment is limited to the part against the defendant among the damages claim due to embezzlement of KRW 180,000,000 among the judgment of the party prior to remand.

Basic Facts

The Plaintiff transferred the sum of KRW 180,000,000,000 on March 4, 2005, from the account (Account Number I) in the name of the Defendant, to be used by the Defendant for the establishment and operation of GELD (G. LTD., hereinafter “G”) that is a Singapore corporation to be established in the future.

The above passbook in the name of the defendant was the virtual account of Samsung Securities for the securities transaction. The defendant used the above 80 million won in the securities transaction until March 25, 2005. On March 25, 2005, the above 20 million won out of the above 100 million won was withdrawn and used.

The defendant on 205.