1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Based on the facts, the Plaintiff served as an employee of the restaurant called “C” operated by the Defendant from around December 2013 to May 8, 2016. From December 4, 2015 to March 31, 2016, the cooking director was responsible for the settlement of accounts, etc. of the sales of the said restaurant.

From December 2015 to March 2016, the Defendant filed a complaint with an investigative agency to the effect that the Plaintiff embezzled KRW 16,378,700, total food payments paid by restaurant customers in cash, and that the Defendant embezzled total of KRW 694,800 by using the corporate card operated by the Defendant from December 2, 2015 to April 2016 (hereinafter “the second complaint”).

On November 30, 2016, the Plaintiff received a decision from a prosecutor that he/she was suspected of being suspected of having received the same (Evidence of Evidence).

As to this, the Plaintiff filed a complaint against the Defendant as a crime of false accusation, but the Defendant received a decision from the prosecutor around November 7, 2017 that the Defendant was suspected of being suspected (Evidence of Evidence).

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, Gap evidence Nos. 4-1, 2, 3, Eul evidence Nos. 1 and 2, and plaintiff No. 1's assertion as to the purport of the whole pleadings, the defendant ordered the plaintiff to make a registration by expanding the sales of the above restaurant, and then adding more cash sales to the plaintiff. Accordingly, the plaintiff registered a false sales of 150,000 won each day, and embezzled food proceeds.

With respect to the second complaint, the defendant only used the corporation card to the plaintiff for the business related to the above restaurant and did not use it individually.

Nevertheless, with the aim of criminal punishment, the defendant filed a false complaint against the first and second criminal complaint with an investigative agency and brought a false complaint against the plaintiff.

It shall claim 5,00,000 won for consolation money due to mental distress to the defendant.

The defendant did not have any intention to dismiss the plaintiff, and was from the prosecutor.