Text
1. The Defendant’s KRW 28,00,000 and its amount shall be 5% per annum from November 16, 2008 to August 31, 2017 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings as to the statement No. 2 of the Plaintiff’s evidence, while the Defendant, an employee of the Plaintiff, embezzled KRW 36,00,000 on November 16, 200 for the Plaintiff, he/she was indicted for the crime of embezzlement of KRW 28,00,000 on November 16, 208, and was sentenced to the judgment of conviction for two years during the suspension of the execution of imprisonment with prison labor for the Incheon District Court Decision 2016Da3358 on September 23, 2016, and the above judgment can be acknowledged as final and conclusive.
B. The Plaintiff alleged that the Defendant embezzled the remainder of KRW 8,000,000 other than KRW 28,000,000. However, it is insufficient to recognize that the Defendant embezzled KRW 8,00,00 only with the entries of evidence No. 1, and there is no other evidence to acknowledge this otherwise, and the above part of the assertion is without merit.
C. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 28,00,000 as compensation for damages, as well as damages for delay calculated at the rate of 5% per annum from November 16, 2008, which is the date of the instant judgment, to August 31, 2017, which is the date of the instant judgment, and 15% per annum from the following day to the date of full payment.
2. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.