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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. (1) The Plaintiff’s assertion (1) is a person who operated the wedding hall (hereinafter “instant wedding hall”) with the trade name “D” in Suwon-si, Suwon-si, and the Defendant is employed by the Plaintiff and has overall control over the management of the instant wedding hall, including the receipt and disbursement of cash in the instant wedding hall, from September 1, 2016 to September 30, 2017.
(2) From September 3, 2016 to September 3, 2017, cash revenues accrued from the instant wedding hall were KRW 456,149,00 in total, and among them, KRW 90,358,50 in total (amount paid to part-time students) KRW 12,302,70 in the cost of operating the instant wedding hall (amount paid to part-time students) (parking 1,739,100 in the cost of parking lot usage).
Therefore, the defendant in charge of the current revenues and expenditures of the instant wedding hall shall deposit the remainder of 365,790,500 won (=456,149,000 won-90,358,500 won) other than the expenses paid in connection with the operation of the instant wedding hall among cash revenues (=326,86,00 won), but did not deposit the remainder of 38,924,50 won (=365,790,500 won-326,86,000 won) and used it regardless of the operation of the instant wedding hall (=365,790,500 won).
(3) In addition, as the Defendant comprehensively controlled the management of the instant wedding hall, he received a physical card from the Plaintiff for the settlement of expenses related to the operation of the instant wedding hall (hereinafter “instant physical card”). Although the instant physical card was used only for the settlement of expenses related to the operation of the instant wedding hall, the Defendant, regardless of the operation of the instant wedding hall, withdrawn KRW 44,315,700 in cash or used it by account transfer without the Plaintiff’s permission.
(4) Ultimately, the Defendant took overall charge of the management of the instant wedding hall, and 38,924 of the cash revenues of the instant wedding hall.