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1. The Defendant shall pay to the Plaintiff KRW 31,801,00 and the interest rate of KRW 15% per annum from December 4, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is a juristic person whose business purpose is to manufacture, lease, or sell temporary materials, and the Defendant is the representative director of a specialized construction business C Co., Ltd. (hereinafter “C”) that carries out the structural frame construction (the steel mixed Construction).
B. On June 2016, C was awarded a contract with D Co., Ltd. (hereinafter “D”) for “F extension works,” located in the Gansi-si Area E (hereinafter “F extension works”).
C. Around June 1, 2016, the Defendant concluded a temporary re-lease agreement with the Plaintiff and the Plaintiff: (a) lessee; (b) C; and (c) construction site: G hospital located in Young-si E.
C Around November 22, 2016, while performing construction with temporary materials owned by the Plaintiff at the construction site of the instant construction site in accordance with the above lease agreement, the creditors of C were seized the company’s claims. As such, the Plaintiff changed the lessee of the said lease agreement from C to H Co., Ltd. (hereinafter “H”) to the lessee of the said lease agreement, entered into a temporary re-lease agreement with H, and supplied temporary materials at the construction site of the instant case.
E. However, around July 18, 2016, the Defendant, while receiving temporary materials from the Plaintiff and using them in accordance with the above lease agreement at the construction site, embezzled the total amount of KRW 31,801,000,000 for temporary materials owned by the Plaintiff from around nine times until March 16, 2017, including embezzlement of the above trees owned by the Plaintiff in a way that he/she did not return it, and embezzled the total amount of KRW 31,801,000 for temporary materials owned by the Plaintiff at the construction site of this case from around nine times in total, as indicated in the attached list of crimes.
The Defendant was indicted for committing the crime of embezzlement as above and sentenced to six months at the Suwon District Court on September 10, 2018.