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1. The judgment of the court of first instance against the defendant B ordering payment exceeding KRW 106,328,026 to the plaintiff.
Reasons
1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. Defendant B, even after being dismissed from the Plaintiff’s inside director on December 26, 2014, operated the instant golf driving range. Defendant C, in collusion with Defendant C, embezzled KRW 183,692,182, which occurred in the instant golf driving range from April 22, 2015 to July 13, 2015, via a passbook in the name of Defendant C, and embezzled KRW 35,820,00 in cash sales (=other revenues of KRW 28,116,000, KRW 7,700 (= KRW 219,512,182, KRW 182,692, KRW 35,820,00 in cash sales).
Meanwhile, the Defendants used KRW 61,807,330 out of the above KRW 219,512,182 as expenses for the instant golf practice range, and the Plaintiff paid KRW 12,800,000 to Defendant B. As such, the Defendants jointly compensate the Plaintiff for damages equivalent to KRW 144,904,852 (=219,512,182 - 61,807,330 won - 12,800,000) incurred by the Plaintiff due to obstruction of business or occupational embezzlement during the said period.
B. Defendants B (i) acquired a total of KRW 209,382,50 [the total amount of KRW 18,548,00 from January 1, 2015 to July 13, 2015 + the cash sales of KRW 18,548,00 from April 16, 2015 to April 16, 2015; KRW 190,834,500 (the total amount of KRW 17,345,500 in cash sales of KRW 13,489,00) from January 1, 2015 to July 13, 2015; KRW 190,834,50 in total; KRW 13,489,00 in cash sales of KRW 13,40 in the instant golf range; KRW 204,94,00 in the amount of KRW 16,481,415,205.67.7.15