beta
Text
1. The Defendant shall pay to the Plaintiff KRW 134,251,607 as well as 30% per annum from January 18, 2017 to the day of full payment.
Reasons
1. Determination as to the cause of claim
(a) The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 4:
(1) The Plaintiff is a company mainly engaged in the wholesale, retail, and export and import of clothing and other daily necessities. The Defendant served as an employee from July 201 to October 31, 2016.
(2) On October 25, 2016, the Defendant recognized that he embezzled the Plaintiff’s funds from around December 2011, and prepared and issued a written confirmation of the following contents to the Plaintiff.
The defendant promises to repay the amount of embezzlement and breach of trust while working for the plaintiff as follows:
The total amount to be repaid shall be confirmed and settled later on the basis of data confirmed by the plaintiff, and it is confirmed on October 25, 2016 as of the amount confirmed as of October 25, 2016 ( approximately KRW 130 million).
If the amount is added based on data verification later, it will be settled on December 30, 2016, the last repayment date.
On October 26, 2016, KRW 30,000,000, KRW 20,000 on October 31, 2016, KRW 20,000,000 on November 15, 2016, KRW 20,000,000 on November 30, 2016, KRW 20,000 on December 15, 2016, and KRW 20,000,000 on December 30, 2016 (excluding the total amount of KRW 30,00,000 on December 30, 205), the Defendant did not receive the Plaintiff’s total amount of KRW 10,00 on December 30, 205 (excluding the amount of KRW 10,00,000 on October 30, 200, 2005; and
(4) The Defendant paid KRW 120,000,000 to the Plaintiff on January 17, 2017, when the Plaintiff’s real estate owned by the Defendant was provisionally seized.
(5) After that, the Defendant demanded the Plaintiff to pay the retirement allowance and the benefits, and the Plaintiff demanded the Defendant to pay the amount of 6,498,628 won as confirmed by May 1, 201 and 12% interest thereon.