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1. The Defendant’s KRW 38,309,537 as well as the Plaintiff’s annual rate from May 1, 2012 to July 5, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established in order to promote the common interests of its members who run the original art business and run the credit business for its members. The Defendant is a person who was the head of the Plaintiff’s association from February 20, 2002 to May 10, 2012.
B. On May 24, 2016, the Defendant was convicted of eight months of imprisonment for the crime of occupational embezzlement as follows (No. 2015Kadan1278), and the appeal (No. 2016No3706) and the final appeal (No. 2016Do13588) were all dismissed, and the judgment of the first instance became final and conclusive.
(hereinafter “Related criminal cases”. Around November 2008, the Defendant, along with the aforementioned Plaintiff’s executives, was anticipated to have a considerable amount of personnel to the Plaintiff due to a sudden decline in the CD interest rate. Around November 2008, the Defendant took measures to raise the Plaintiff’s income by receiving the interest at will by arbitrarily raising the premium rate of the lending customers as compared to the CD interest rate lowered without the consent of the lending customers. Ultimately, such fact is a criminal issue, and the Defendant was investigated into the prosecution with the Plaintiff’s executives as well as the Defendant’s suspicion of fraud by using computers, etc. (hereinafter “criminal case due to additional interest”).
In collusion with the above plaintiff's director C, etc. on December 8, 201, the defendant, at the office of the plaintiff's head office located in Ansan-si, and then, in order to prepare for criminal cases against the violation of the laws and subordinate statutes of the plaintiff's members, the defendant and the plaintiff's executives appointed an attorney-at-law who was in his/her business custody for the plaintiff and paid the attorney-at-law who was an individual attorney-law fee of the defendant et al. on seven occasions from that time to April 30, 2012, withdrawn a total of KRW 367,40 million from that time to that of the defendant et al. and embezzled for personal attorney-at-law fees of the defendant et al.
[Based on recognition] Unsatisfy, each entry number of Gap evidence 1 to 3.