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1. The Defendant shall pay to the Plaintiff KRW 29,542,892 and the interest rate of KRW 15% per annum from January 23, 2019 to the day of complete payment.
Reasons
1. On August 10, 2016, the Plaintiff entered into a consignment agreement with the F Support Center (hereinafter “instant agreement”) that entrusts the management and operation of the “F Support Center” to a joint contractors comprised of C, village community D, and incorporated E (hereinafter “instant joint contractors”). C, as a representative of the joint contractors, was in charge of managing the relevant property and claiming for the payment.
The Defendant, as the representative of C, has substantially managed the assets of the joint supply and demand company. The Defendant kept KRW 291,040,60,000 in custody from October 7, 2016 to October 17, 2016, and voluntarily used KRW 284,590,000 in personal debt repayment, etc. As a result, the Defendant was sentenced to one year of imprisonment with prison labor for the case of occupational embezzlement in this court No. 2017Da3236, and the appeal was dismissed, but the judgment became final and conclusive on October 31, 2018.
As a result of the instant support center’s settlement of the consignment amount under the instant agreement, only KRW 261,756,40 of the consignment amount paid from September 1, 2016 to December 31, 2016 was executed, and the unpaid balance is KRW 84,153,370.
[Ground of recognition] Facts without dispute, entry of Gap 1, 8, and 10 evidence, obvious facts to this court, the purport of the whole pleadings
2. Determination:
A. The judgment on the cause of the claim is that the Defendant: (a) kept the consignment money under the instant agreement in the course of performing his/her duties and embezzled part thereof; (b) thus, at least 84,153,370 won which was not executed among the Plaintiff’s consignment money; (c) the Plaintiff voluntarily admitted the fact that the Defendant received KRW 10,043,678, which was deposited in the said criminal case on June 5, 2018, and that the Defendant received KRW 44,56,800 from the performance guarantee insurance money on August 13, 2018
Therefore, the Defendant’s claim against the Plaintiff is as follows: KRW 29,542,892 (i.e., KRW 84,153,370 - KRW 10,043,678 - KRW 44,566,80) and the Plaintiff’s claim against this.