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1. The defendant shall pay 29,458,200 won to the plaintiff and 20% per annum from January 30, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. From July 2013, the Defendant, from around July 2013, was in charge of the preparation for the opening of a health club that the Plaintiff intends to operate.
B. On July 25, 2013, the Defendant received KRW 3 million from the Plaintiff to the National Bank account under the name of the Defendant’s name for the registration fees of the Taekwondo Association, and then arbitrarily consumed the money with the “sports soil” gambling funds, living expenses, etc.
C. Upon the Plaintiff’s request for purchase of imported sets, the Defendant received KRW 50 million from September 2, 2013 to the Busan Bank account in the name of Defendant-friendly C, and received KRW 310,00,000,000 from October 10, 2013, and used only KRW 5,826,00 for its original purpose, and used the remainder of KRW 2,274,00 for purchase of shares, “sports soil” money, and living expenses.
Around November 2013, upon receipt of the Plaintiff’s request to purchase a sports organization, such as learning machines, etc., the Defendant arbitrarily consumed KRW 9.5 million with the Defendant’s Had Investment Securities account, KRW 1,030,000,000 from the Defendant’s name, KRW 14,084,60,000 on December 14, 2013, and KRW 77,000 on December 2013, the Defendant received KRW 17,40,400 on the purchase cost of the sports organization, and used KRW 24,184,200 on the remainder of 24,184,200 on the purchase cost of the sports organization.
E. On June 4, 2015, the Defendant’s Bab
(c).
The judgment of conviction was rendered in Busan District Court Decision 2014Kadan4907, on the charge of embezzlement of the sum of KRW 29,458,200 (= KRW 3,000,000) (= KRW 2,274,184,200). The above judgment became final and conclusive.
[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 29,458,200, and the damages for delay calculated at the rate of 20% per annum from January 30, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
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