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1. The Defendant’s KRW 20,49,958 for the Plaintiff and its related KRW 5% per annum from May 24, 2019 to August 18, 2020.
Reasons
1. Facts of recognition;
A. On September 24, 2009, the Plaintiff lent KRW 50,000,00 to the Defendant without having agreed upon the due date. However, the Defendant repaid KRW 10,000,000 in total from May 17, 201 to March 11, 201.
B. Meanwhile, from May 2010, the Plaintiff served as a person in charge of accounting at the printing office of “C” in the name of “C” operated by the Defendant. On December 3, 2012, the Defendant dismissed the Plaintiff on the ground that “the Plaintiff embezzled the printing price of the business partner, used the card in the name of the Defendant for purposes other than the original purpose, and embezzled the money deposited in the business account for consumption, etc.” and then filed a complaint against the Plaintiff under the suspicion of embezzlement on December 10, 2012.
C. On March 25, 2013, when the investigation of the above suspected embezzlement case was being conducted, the Plaintiff and the Defendant determined the amount embezzled by the Plaintiff as KRW 19,50,042, and then deducted the above amount from KRW 40,000,000 in the balance of the borrowed debt that the Defendant ought to pay to the Plaintiff, and agreed not to hold the Plaintiff liable for the subsequent civil and criminal liability.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3 evidence, Eul's 1 through 3 evidence (including numbers, if any) and the purport of the whole pleadings
2. According to the facts of the judgment on the Plaintiff’s claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20,49,958 (=50,000 - 10,000 - 10,000,000 the amount of embezzlement deduction - 19,50,042), as sought by the Plaintiff, 5% per annum under the Civil Act from May 24, 2019 to August 18, 2020, which is the day following the delivery date of the copy of the instant complaint, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. The Defendant’s judgment on the Defendant’s claim for set-off was found to have additionally discovered the Plaintiff’s embezzlement of KRW 25,965,057 after the agreement on March 25, 2013, and the Defendant’s embezzlement on April 15, 2014.