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(영문) 서울동부지방법원 2020.06.05 2019가단15237
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 12% per annum from July 10, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a person operating the refined land points with the trade name “D” in Ansan-si, Ansan-si, and the Defendant was employed as an employee from January 4, 2019 to the refined land points.

B. On May 2, 2019, around 15:00, the Defendant sold refined meat at the instant refined meat point and embezzled part of cash received from customers through CCTV images, and the Defendant, along with the Plaintiff, drafted an agreement with the Plaintiff on the following contents to E:

(A) No. 3, hereinafter referred to as the "Agreement"). “The Defendant has embezzled public funds from the fixed land point of this case for about eight months at approximately seven months. The amount of off seven months less off and absence from work. The amount is equal to the amount of approximately KRW 200,000. The Defendant has embezzled the thickness of the president who has laid CCTV. The Defendant promised to compensate for the amount of KRW 40 million up to May 25, 2019, which has been embezzled for the thickness of seven months in thickness. The Defendant promised to compensate for the amount of KRW 40,000,000,000, which has been embezzled for the thickness of 7 months in thickness.”

C. On November 18, 2019, a summary order of KRW 2 million was issued on November 18, 2019 against the Defendant on the charge of occupational embezzlement that the Defendant embezzled money while working at the static point of this case, and became final and conclusive around that time.

(Ground for recognition) The facts that there is no dispute over the Daejeon District Court's 2019 High Court's Branch Decision 2019 High Court's Decision 6601. [Ground for recognition], each entry of Gap's 1 through 8,

2. According to the above facts of determination as to the cause of claim, the defendant agreed to pay 40 million won to the plaintiff who operates the static point of this case as compensation for damages caused by embezzlement until May 25, 2019. Barring special circumstances, the defendant shall pay to the plaintiff the amount of 40 million won agreed upon as stipulated in the agreement of this case and the plaintiff the payment order of this case from the day following the delivery of the original copy of the payment order of this case to the day of complete payment.

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