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1. Defendant B shall pay to the Plaintiff KRW 111,019,00 and the interest rate of KRW 15% per annum from December 14, 2016 to the date of full payment.
Reasons
1. Under the facts based on the facts, the above defendant is deemed to have led to the confession pursuant to Article 150(3) of the Civil Procedure Act, and there is no dispute between the plaintiff and the defendant C between the plaintiff and the defendant, or it may be acknowledged by taking into account the following items: Gap evidence 1 (including the paper number; hereinafter the same shall apply), Gap evidence 2, Gap evidence 3-1, Gap evidence 4-7 to 26, Eul evidence 4-5, Eul evidence 6, and the financial transaction information provided to the new bank.
The plaintiff is a company that sells cosmetics.
From September 5, 2015, Defendant B was in charge of purchasing goods from the customer while working as the Plaintiff’s sales agent.
Defendant C worked as an employee of the Plaintiff from June 4, 2015.
From January 2016, Defendant C determined the goods to be purchased between Defendant C and the Customer, and the unit price and quantity thereof, Defendant C performed the duty to contact with the Customer and pay the goods to the Customer.
B. From March 2016 to October 11, 2016, Defendant B placed an order with an amount higher than the actual unit price of goods at three business entities, such as Lestelim Co., Ltd., and Defendant C paid the price of goods to a business entity, the act of breach of trust (hereinafter “the act of breach of trust in this case”) to acquire a total of KRW 111,019,000 by receiving the difference from the business entity to the Defendant B’s deposit account.
The actual amount of the transaction partner’s name payment (won) 142,440,000 67,289,600 76,369,000 D 47,490,640,640,000 23,640,850,000 E 40,500 29,700,700,000 111,019,000,000 10,800,000
C. On April 14, 2016, Defendant B began to deposit KRW 575,00, among the money remitted by the Customer as above, to Defendant C’s passbook, and Defendant C’s passbook totaling KRW 4,857,005,005, out of the money acquired through the instant breach of trust over 13 occasions until October 11, 2016.