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1. Defendant C: 19,500,000 won to Plaintiff Co., Ltd. and 5% per annum from June 7, 2013 to July 5, 2016.
Reasons
1. Determination as to the claim for damages against Defendant C and D by the Plaintiff Company
A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3 and 4 (including branch numbers) as to the claims against the defendant C of the plaintiff company, the defendant C transferred KRW 18,000,000 from one bank account under the name of the plaintiff company to the defendant bank account under the name of the defendant while working for the plaintiff company as the auditor of the plaintiff company, and managed and executed the funds of the plaintiff company, etc. The defendant C transferred KRW 21,50,000 to the defendant bank account under the name of the plaintiff company; ② withdrawn KRW 1,50,000 on April 9, 2013; ③ deposited KRW 1,50,500 on May 31, 2013; ④ on June 7, 2013, he/she was sentenced to imprisonment with prison labor of KRW 21,50,000 on more than four occasions and embezzled from the defendant bank account under the name of the defendant company.
According to the above facts of recognition, Defendant C shall compensate the Plaintiff Company for the damages equivalent to the amount of embezzlement. Since the fact that Defendant C received reimbursement of KRW 2,00,000 from Defendant C is the Plaintiff Company, Defendant C shall be obligated to pay the Plaintiff Company the remainder of KRW 19,50,000 and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from June 7, 2013 to July 5, 2016, the last delivery date of the copy of the complaint of this case, as sought by the Plaintiff Company, as the Plaintiff Company, from June 7, 2013 to July 5, 2016, the last delivery date of the copy of the complaint of this case, and from the following day to the date of full payment.
B. According to the statement No. 5-1 and No. 2 of the judgment as to the Plaintiff Company’s claim against Defendant D, it is recognized that KRW 10,000,000 was remitted from an account in the name of the Plaintiff Company to the Defendant’s foreign exchange bank account on April 17, 2013.
In this regard, the plaintiff company asserted that the above money was embezzled by defendant D, and the above defendant is the plaintiff company.