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(영문) 수원지방법원 2017.12.21 2016가합84166
손해배상(기)
Text

1. The Defendant’s KRW 797,370,259 for the Plaintiff and the following: 5% per annum from February 26, 2015 to May 15, 2017.

Reasons

1. Facts of recognition;

A. From January 1, 2008 to April 9, 2015, the Defendant, as the Plaintiff’s accounting staff, was in charge of the Plaintiff’s financial management.

B. On January 22, 2008, the Defendant embezzled KRW 600,00 in cash from the Plaintiff’s corporate bank bank deposit account in the name of the representative director, and consumed it for personal purposes, and embezzled KRW 797,370,259 in total from February 26, 2015 to February 26, 2015 by withdrawing KRW 1,003 from the Plaintiff’s fund management account in cash or remitting it to the Defendant’s account in the name of the Defendant for personal use.

C. On June 15, 2017, the Defendant was sentenced to imprisonment with prison labor for three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in this Court Decision 2017Da446 regarding the above criminal facts.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 4 (including additional number), the purport of whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 26, 2015, which is the last date of tort until May 15, 2017, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next date to the date of full payment, as the Plaintiff seeks.

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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