1. The Defendant’s KRW 440,00 and the Plaintiff’s annual rate of KRW 5% from July 27, 2016 to December 20, 2016.

1. Basic facts

A. On May 30, 2016, the Plaintiff filed a complaint with the Defendant that “the Defendant stolen KRW 14,682,000 from the Plaintiff.”

B. On July 27, 2016, the public prosecutor of the Incheon District Public Prosecutor’s Office prosecuted the Defendant on the Plaintiff’s above accusation case, stating that “the Defendant stolen KRW 440,000 from the Plaintiff three times.”

C. On August 23, 2016, the Incheon District Court issued a summary order of KRW 2,00,000 (No. 2016 High Court Decision 201Da16880) to the Defendant regarding the facts charged. The above summary order became final and conclusive on September 2, 2016 because the Defendant did not request a formal trial against the above summary order.

[Ground of Recognition: In the absence of dispute, the images of Gap evidence 1, the entry of Eul evidence 1 through 3, the obvious facts in this court, the purport of all pleadings]

2. A summary of the Plaintiff’s assertion that the Defendant stolen KRW 22,880,50 from the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 34,320,750, which is the sum of 11,440,250, and 50% of the amount of theft (comforcing materials) and damages for delay, equivalent to 22,80,50, and 50% of the amount of theft.

3. Determination

A. In full view of the judgment on the claim amount of larceny damage, and the overall purport of each evidence revealed in the aforementioned facts, the Defendant may acknowledge the fact that the Plaintiff stolen KRW 440,00 from the Plaintiff. However, the evidence alone presented is insufficient to deem that the Defendant stolen the amount exceeding KRW 440,00 from the Plaintiff. As such, the Plaintiff’s claim amount of KRW 440,000 and the damages for delay are with merit.

Therefore, from July 27, 2016, the day following the delivery date of a copy of the complaint of this case to the Plaintiff, the Defendant’s 440,000 won and the following day of the delivery date of a copy of the complaint of this case to the Plaintiff, 5% per annum under the Civil Act until December 20, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.