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1. The Plaintiff:
A. Defendant B’s KRW 2,751,576,540 as well as 5% per annum from February 1, 2014 to February 9, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff operated a gas station in Gangnam-gu Seoul Metropolitan Government D for about 20 years, and the Defendant B served in the gas station operated by the Plaintiff as an employee from around 1998 and took charge of accounting affairs, such as fund management, enforcement, and tax payment.
Since 2010, Defendant C became aware of Defendant B, and invested in Defendant B and received money in the name of profit from Defendant B.
B. Around May 2013, Defendant B operated shares and distributed profits therefrom, and received KRW 20 million from the Plaintiff for the purpose of stock investment, May 3, 2013, and deposited KRW 400 million on August 30, 2013, and transferred the total amount of KRW 501,20,000 from June 27, 2013 to December 24, 2013, to the deposit account in the name of oneself, E, and wife F, and consumed it under the pretext of personal debt repayment, etc.
C. On December 31, 2013, Defendant B withdrawn money from the Plaintiff’s bank account in the Plaintiff’s name of his wife G and paid KRW 2,648,376,540 as a transfer income tax on the sale of the said gas station, and deposited KRW 2,648,376,540 from the said deposit account in his own check, and deposited the said cashier’s check in his own new bank account.
From January 2, 2014 to January 8, 2014, Defendant B withdrawn KRW 1,860,000,000, out of the money deposited in his/her own bank deposit account at the Gangnam-gu Seoul Gangnam-gu Cash Payment Period, as above, from 50,000, and delivered it to Defendant C three times. Defendant C deposited the said KRW 1,860,00,000 into the H’s Samsung Securities account on January 9, 2014; Defendant C sent the said KRW 1,860,00,000 to the H’s Samsung Securities account; B sent the OPT card of the said securities account and informed B of the identification number and password, etc. to continue a stock transaction while managing the said securities account.
E. Defendant B left Korea on January 20, 2014 for the purpose of escape and entered New Zealand. Defendant C accompanied by Defendant C. Defendant C returned to Korea on January 29, 2014, but returned to Korea on February 14, 2014; and Defendant C returned to Korea.