The defendant's 138,943,837 Won and its related 5% per annum from July 11, 2020 to March 19, 2021 to the plaintiff.

1. Basic facts

A. The plaintiff is a company established for the purpose of the storage, etc. of the animal, and the defendant is the plaintiff's auditor.

B. (1) Around November 30, 2010, the Defendant received rent of KRW 500,00 from C to the Agricultural Cooperative account in the name of the Defendant for the Plaintiff, and consumed KRW 120,013,837 in total for personal purposes around August 15, 2017. From that time, the Defendant arbitrarily consumed KRW 120,013,837 in the same way until August 15, 2017. (2) around June 1, 2010, transferred KRW 50,000 from the Gwangju Bank account in the name of the Plaintiff to the Agricultural Cooperative Account in the name of the Defendant, from that time to December 30, 2015, arbitrarily conveyed KRW 17,630,000 in total by the same method until January 12, 2015, the Plaintiff’s total amount of KRW 300,000 from the Plaintiff’s account in the name of 300,301.

The Act was prosecuted for criminal facts (Seoul District Court 20 High Court 2573), and was sentenced to suspended execution for one year from the Gwangju District Court on November 26, 2020. The above judgment became final and conclusive around that time.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. Even if a civil trial in a judgment on the cause of a claim is not bound by the recognition of facts in a criminal trial, the facts found guilty of the same facts are valuable evidence, and thus, it is difficult to adopt a judgment on facts in a criminal trial in light of other evidence submitted in the civil trial.

Unless there are special circumstances, the facts opposed thereto may be recognized.