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1. The Defendant’s KRW 354,340 as well as the Plaintiff’s annual rate of KRW 5% from December 31, 2013 to March 18, 2015.
Reasons
1. Basic facts
A. On September 2012, the Plaintiff: (a) requested the Defendant, who was engaged in chroding processing of 567 rolls of Textiles (hereinafter “instant Textiles”); (b) provided the instant Textiles to the Defendant; and (c) the Defendant’s representative director, who was in custody of the instant Textiles that was provided by the Plaintiff, transferred the instant Textiles to his creditor as security, around October 2013.
B. B was indicted for committing an offense in embezzlement that “A” factory of the Textiles Processing Business Operator of the Defendant’s Operation in Macheon-si around September 2012, which was entrusted by the Plaintiff, and was under custody by the Plaintiff for salt processing of 56 million won of the fiber Won at the market price of 56 million won, and was handed over to the Defendant for the victim, around October 2013, the judgment was finalized on October 9, 2014 that “B embezzled the above original part as a security transfer for the Defendant’s obligation,” and was sentenced to imprisonment on October 16, 2014 and one year of suspended execution (the District Court Decision 2014Da668).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 10 and 11, the purport of the whole pleadings
2. A claim for compensation due to embezzlement of fibers;
A. Since B, the representative director of the Plaintiff’s assertion, who was the Defendant’s representative director, arbitrarily disposed of and embezzled the Textiles of this case that the Plaintiff provided to the Defendant while requesting salt processing, the Defendant is obligated to compensate the Plaintiff for the remainder after deducting the amount of KRW 55,645,660 from the amount equivalent to the market price of the Textiles of this case’s damage caused by the tort from 117,226,90.
B. As seen earlier, the fact that the Plaintiff, who entrusted salt processing to the Defendant, provided the instant fiber to another person, the Defendant’s representative director, as a collateral for transfer, and embezzled it. Therefore, the Defendant suffered the Plaintiff due to the tort.