1. The defendant

A. From July 26, 2011 to December 5, 2014, Plaintiff A, as well as KRW 78,901,910.

1. Basic facts

A. The Plaintiff B and the Defendant established the Plaintiff Company A (hereinafter “Plaintiff Company”), and the Plaintiff Company B, as the internal director of the Plaintiff Company, was in office as the representative director.

B. On April 18, 201, Plaintiff B paid KRW 58,000,000 in total to the Defendant on April 19, 2011, KRW 55,000,000 on April 19, 2011, KRW 22,000 on April 22, 2011, and KRW 27,000,000 on the same day ( Nonparty D, the debtor of Plaintiff B, pays to the Defendant under the pretext of the repayment of the Plaintiff’s obligation to the Plaintiff).

On April 25, 2011, the defendant paid 30,000,000 won as the share capital of the plaintiff company, and the remaining 28,00,000 won was arbitrarily consumed.

In addition, on April 26, 201, the defendant arbitrarily withdrawn and consumed KRW 15,00,000 out of the paid-in shares.

C. On April 29, 201, the Defendant, as the representative director of the Plaintiff Company, arbitrarily consumed and embezzled KRW 73,086,410 in total on 33 occasions from the time when he/she arbitrarily transferred KRW 2,00,50 from the Industrial Bank of Korea’s account to the Defendant’s name account, from July 25, 201, to the Defendant’s name.

On August 25, 2014, the Defendant appealed after being sentenced to a conviction in Incheon District Court 2014Kadan1638 on the charge of embezzlement in the foregoing B and C, but the above judgment became final and conclusive on November 12, 2014.

[Ground for Recognition: Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is based on the plaintiff company.

After embezzlement 73,086,410 won as described in the subsection and the Defendant embezzled the above money, the damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from July 26, 2011 to December 5, 2014, which is the delivery date of a copy of the complaint in this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.