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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The Plaintiff’s assertion embezzled the Plaintiff’s money totaling KRW 34,396,600 over 68 times from November 3, 2011 to September 24, 2012, on the grounds that: (a) the Defendant wired money from the Plaintiff’s name account (Account Number: No. C; hereinafter collectively referred to as “the Plaintiff’s name account”) to the Defendant’s account (i.e., corporate bank E, F, Nonghyup; hereinafter collectively referred to as “instant Defendant’s account”); or (b) the Defendant directly transferred money from H’s business account operated by the Plaintiff to the Defendant’s name.
Therefore, the defendant is obligated to pay to the plaintiff the above embezzlement 34,396,600 won and damages for delay.
2. The defendant's burden of proving the embezzlement in this case where the defendant sought compensation for damages on the ground that he embezzled the plaintiff's money.
In full view of the overall purport of the pleadings in the statement of evidence No. 1-6, evidence No. 1-1-6, evidence No. 2-1-4, evidence No. 3, 4, 8, 9, and evidence No. 24-26, it is acknowledged that the sum of KRW 34,396,600 was remitted from the Plaintiff’s name account or H’s customer account, as alleged by the Plaintiff.
However, as to whether the Defendant arbitrarily embezzled the above money, it is not sufficient to recognize that the Defendant arbitrarily embezzled the above money only with the above evidence and the statements in Gap evidence Nos. 17, 18, 23, and Gap evidence Nos. 29 through 36, and there is no other evidence to acknowledge it. Rather, the following facts are acknowledged by comprehensively considering the overall purport of the pleadings in each of the evidence Nos. 2, 3, 4, 7, 8, 10, and 12, namely, ① the Plaintiff, while operating H, by receiving money directly from the customer from the Defendant to the account under the name of the Defendant from November 1, 201 to September 21, 2012, the Plaintiff embezzled KRW 29,60,000 in total from around 33 times to September 21, 2012, but the Incheon District Prosecutors' Office filed a complaint for occupational embezzlement, but the Plaintiff on Nov. 5, 2014.