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Reasons
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(영문) 대전지방법원서산지원 2020.12.10 2019가합51385
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 501,985,668 and the interest rate of KRW 12% per annum from November 28, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The status of the parties is the company engaged in the manufacturing business, etc., and the defendant is the employee of the plaintiff company in charge of funding.

B. The Defendant embezzled the Plaintiff Company’s funds as follows.

1) The Defendant embezzled KRW 479,864,359 in aggregate, as shown in the attached Table of Crimes (1), in collusion with D, an operator of “C”, who is an enterprise supplying materials to the Plaintiff Company, by reducing the difference between the price of the materials to be collected from June 13, 2016 to January 18, 2019. (2) The Defendant embezzled KRW 20,90,000 in total, as described in the attached Table of Crimes (2) from May 2, 2018 to December 28, 2018.

3) From May 3, 2018 to July 31, 2018, the Defendant embezzled a total of KRW 6,029,600 as indicated in the annexed Table of Crimes (3) by cutting off the difference between the material price for a business entity using the trade name “F” from around May 3, 2018 to around July 31, 2018. The Defendant embezzled KRW 95,191,709 in total, as indicated in the annexed Table of Crimes (4) from around March 10, 2016 to January 14, 2019.

C. The Defendant’s relevant criminal judgment is above July 2019.

As stated in paragraph (1), a total of 601,985,668 won (i.e., KRW 479,864,359 won 20,900,000 won 6,029,600 won) was prosecuted for embezzlement of the Plaintiff’s funds, and was sentenced to a judgment of two-year imprisonment on October 2, 2019.

Daejeon District Court Decision 2019No646). D.

D D Payment of 100,000,000 won to the Plaintiff Company

B. (1) The amount of the embezzlement as set forth in paragraph (1) was appropriated for partly performing the obligation. [The fact that there is no dispute over the basis of recognition, entry of evidence A(1) through (4) and the purport of the entire pleadings

2. According to the above facts of recognition as to the cause of the claim, there is a special reason.

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