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1. The Defendant’s KRW 145,00,000 as well as 5% per annum from June 1, 2016 to June 29, 2016 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. In addition to the statements in Gap evidence Nos. 1, 2, and 3, and witness Eul's testimony, the plaintiff established Eul, which handles police equipment, etc., and actually operated the above company. Since 2005, the defendant was in charge of receiving orders from the above company's vice president, and the defendant was in charge of receiving orders after being employed as the vice president of the above company. On April 26, 2006, the defendant confirmed that it was diverted after being settled 25 million won from E on Jan. 26, 2006, but confirmed that it was diverted.
“A” of May 11, 2006 may be acknowledged that each written payment agreement stating that “the Defendant would pay KRW 60 million as loss capital to D by May 31, 2006 in the course of the supply of the F fingerprints” (which is related to the amount of damages paid as penalty for breach of contract by failing to deliver the F to F) and that there is no counter-proof.
B. According to the above facts, the Defendant agreed to provide the Plaintiff with a written confirmation, a loan certificate, and a written agreement for payment, and to pay the Plaintiff the sum of KRW 25 million borrowed, KRW 60 million borrowed, KRW 60 million for damages, and KRW 145 million for damages. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at each rate of KRW 145 million per annum as provided by the Civil Act from June 1, 2006 until June 29, 2016, which is the delivery date of a copy of the complaint of this case, and KRW 50 million per annum as provided by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. First, with respect to the above embezzlement amount of KRW 25 million, the Defendant completed the repayment through the delivery to the Public Procurement Service under consultation with the Plaintiff, and the above borrowed amount of KRW 60 million.