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(영문) 서울중앙지방법원 2015.06.10 2014가단243461
횡령금
Text

1. The Defendant’s KRW 60,000,000 as well as 5% per annum from January 7, 2012 to December 4, 2014 to the Plaintiff.

Reasons

Attached Form

The facts of 2 to 4 of the cause of the claim can be acknowledged in full view of the whole purport of the pleadings in Gap 1 and 2.

Therefore, the defendant is obligated to pay to the plaintiff 60 million won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from January 7, 2012 to December 4, 2014, which is the delivery date of the complaint of this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, as the plaintiff seeks.

The defendant argues to the effect that 20 copies of the family check up to the total par value of 60 million won are not delivered by the plaintiff or received a discount request from the plaintiff, but this is contrary to the facts recognized in the final criminal judgment, and there is no obvious evidence supporting this. Thus, the defendant's assertion is not accepted.

The plaintiff's claim shall be accepted with due reason.

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