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1. The Defendants jointly share KRW 661,319,767 with the Plaintiff, and 5% per annum from December 15, 2017 to October 15, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is running the business of manufacturing and selling shooting machines and surrounding machines in the trade name of “F” in Kimhae-si E.
B. From November 2003 to December 15, 2017, Defendant C embezzled the Plaintiff’s business of taking charge of the Plaintiff’s entry, withdrawal, and management of funds. From June 27, 2007 to June 27, 2007, Defendant C’s custody of six accounts such as one bank account in the name of the Plaintiff on duty, an authorized certificate, and an OTP card, etc. from the Plaintiff’s corporate bank account in the name of the Plaintiff’s company (G) that he/she kept and managed in his/her business to the Defendant C’s account, and then transferred KRW 5 million from the said date to the Defendant C’s personal purpose, such as living expenses, etc., from around that time to December 15, 2017, by transferring the Plaintiff’s funds from five accounts in the name of the Plaintiff he/she managed in his/her business to the account in the name of his/her husband and his/her husband D and by transferring KRW 661,319,767.
C. In relation to the above embezzlement, Defendant C was sentenced to three years of imprisonment for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Changwon District Court on July 18, 2019.
On the other hand, as the spouse of the defendant C, the defendant D operated the test theory processing and the industrial machinery processing industry with the trade name "I" in Kimhae-si H as the spouse of the defendant C, and the defendant C provided the following accounts in the name of the defendant D.
The amount classified as Defendant DD’s Bank Account (J) 245,193,050 won = 245,193,050 won = 324,320,50 won (the amount transferred from the Plaintiff’s account to Defendant D’s account) - KRW 79,127,450 (the amount transferred from Defendant D’s account to the Plaintiff’s account) - KRW 142,09,500 (the amount transferred from Defendant D’s account to the Plaintiff’s account) 142,09,500 won = KRW 142,09,500 (the amount transferred from the Plaintiff’s account to Defendant D’s account) - KRW 51,00,500 (the amount transferred from the Plaintiff’s account to the Plaintiff’s account) - KRW 15,530,000 (the amount transferred from Defendant D’s account to the Plaintiff’s account).