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1. The Defendant’s KRW 77,930,00 for the Plaintiff and its related KRW 5% per annum from August 5, 2013 to July 7, 2016 and the next day.
Reasons
1. Facts of recognition;
A. From January 2013 to August 2013, the Defendant served as a non-standing corporation of C Limited Corporation (hereinafter “China branch”) which is the Plaintiff’s Chinese branch from January 2013 to August 2013.
The director of the plaintiff's non-standing corporation is the full-time general director (representative) and the working person of the Chinese branch, and only received actual expenses from the plaintiff.
B. While the Defendant kept the Plaintiff’s funds in the above Chinese branch from January 2013 to May 28 of the same year, he/she arbitrarily appropriated the 400,000 UN (original 72,80,000) by using the 10,700 UN (original 72,80,000) as income tax on the amount of money arbitrarily embezzled as wage title from January 2013 to June 2013, and embezzled it by using the 10,703 UN as income tax on the amount of money arbitrarily embezzled as wage title from July 2013 to July 28, 2013.
C. Based on the above embezzlement, the Defendant received a summary order of KRW 10 million from the Sungwon District Court Sung-nam branch. This summary order was finalized as it was because the Defendant did not request formal trial with respect to this summary order.
The defendant was dismissed from office on August 5, 2013 to the plaintiff.
[Ground for Recognition: Facts without dispute, entries in Gap evidence 1, 5, and 6, purport of the whole pleadings]
2. Determination as to the claim
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 77,730,00 ( KRW 72,800,000) and 130,000 ( KRW 5,130,000) under the Civil Act from August 5, 2013 to July 7, 2016, which is obvious that it is the date on which a duplicate of the complaint of this case was served after the date of tort, as sought by the Plaintiff, barring any special circumstances.
B. The defendant's assertion