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1. Defendant B shall pay to the Plaintiff KRW 29,633,34 and the interest rate of KRW 12% per annum from January 30, 2020 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B, while working for the Plaintiff, arbitrarily withdrawn and embezzled KRW 41,00,000 from December 2, 2018 to April 2019. On August 6, 2019, Defendant B: (a) repaid KRW 41,00,000 to the Plaintiff in a manner that deducts KRW 3,000,000 per month from July 2019 to KRW 3,000 per month; and (b) prepared and issued a written statement of intent to preferentially repay the difference arising from the sale of the housing.
B. Defendant B: (a) on July 2019 in accordance with the Fluorical Note; and
8. Payment of KRW 6,00,000 from the benefits was made, and the Plaintiff was not paid KRW 5,366,666 from September 2019.
C. On October 19, 2019, Defendant B entered into a sales contract with Defendant C, etc. to pay the remainder of KRW 31,200,000 on the instant real estate at the time of the contract and pay the remainder of KRW 280,80,000 on December 16, 2019 (hereinafter “instant sales contract”).
On October 11, 2019, Defendant D’s mother remitted KRW 3,000,000 to F as a provisional contract deposit, and Defendant C remitted KRW 28,200,000 to F on October 19, 2019, and paid the down payment of the instant sales contract.
E. On October 21, 2019, Defendant C, etc. completed the registration of the right to claim transfer of ownership on the ground of trade reservation on October 21, 2019 (hereinafter “instant trade reservation”).
F. On October 24, 2017, the instant real estate was subject to the attachment of the East-gu Tax Office on July 23, 2019, and on July 23, 2019, the attachment of the Namyang Tax Office, and on May 22, 2017, 240,000 won, and 66,000,000 neighboring mortgage creation registration was completed.
G. Defendant B paid the national tax in arrears with the down payment under the instant sales contract and revoked the registration of the attachment of the tax office on October 21, 2019 and November 25, 2019.
H. Defendant C, etc., completed the registration of ownership transfer for the instant real estate on December 12, 2019, and established a mortgage of KRW 211,200,000 with respect to the instant real estate to the I Bank.