1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Plaintiff is a corporation that specializes in the reduction of overseas sports brand products, such as Adadda and Furma, and specialized sales of stables and stable supplies. The Defendant is a person who, working as a business employee of the Plaintiff Company on December 20, 2010 to April 30, 2015, delivers goods to the customer and receives payments.

On July 9, 2015, the Defendant embezzled goods equivalent to KRW 198,977,630 in total from July 1, 2014 to June 30, 2015. Of them, KRW 33,293,550 has been deposited and KRW 165,684,080 has been recognized as being useful in kind and embezzled in kind (the evidence No. 5; hereinafter “instant certificate”) was written, and on July 21, 2015, a written confirmation of the utilization and embezzlement of in kind (the evidence No. 5; hereinafter “instant certificate”) was prepared to effect that the said amount will be repaid in installments four times from August 31, 2015 to December 31, 2016.

[Grounds for recognition] No dispute exists; Gap evidence Nos. 1, 2, Gap evidence Nos. 5, and 6; and the plaintiff's assertion by the plaintiff as to the ground for claim purport of the whole pleadings; the defendant has a duty to compensate for damages remaining 66,269,35 won as stated in the letter of confirmation of this case as if it were stated in the letter of this case.

The defendant confirmed the details of embezzlement with C, who is an employee of the plaintiff company, and prepared the confirmation document of this case, and the defendant himself agreed to make installment payments four times through the letter of this case, and thus, he is obligated to pay 66,269,335 won not yet deposited even if it was based on the above agreement.

The defendant's assertion did not constitute embezzlement of the articles of the plaintiff company.

The confirmation document of this case is merely prepared by the employee of the Plaintiff Company upon the request of the president to prepare it as necessary to show it, and it is embezzled that the Defendant would repay if he embezzled in each of the instant cases.