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1. The Defendant’s KRW 597,547,032 as well as its annual 5% from November 27, 2013 to July 21, 2016 to the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The following facts can be acknowledged in full view of the purport of the entire pleadings in each entry of evidence No. 7-4, evidence No. 7-12, and evidence No. 11-1 of the evidence No. 11. A) The Defendant, while holding as the representative director of an agricultural partnership B, entered into a contract for processing and storage of livestock products with the Plaintiff and the Plaintiff, after shipping and processing pigs owned by the Plaintiff around March 2012.
B) From May 21, 2012 to August 17, 2012, the Defendant was shipped 426,853 km from the Plaintiff and processed and stored it, and without obtaining the Plaintiff’s consent from around that time to October 2012, the Defendant’s 151,093 km (hereinafter “the instant dat”).
(2) According to the above facts, the Defendant embezzled the instant land owned by the Plaintiff to another customer at his own discretion.
As such, the Plaintiff is liable for compensating the Plaintiff for damages incurred by the embezzlement of this case (hereinafter “instant embezzlement”).
B. In full view of the purport of the entire argument in Gap evidence No. 1, the plaintiff and the defendant prepared a certificate of inventory custody of 151,093kg of the money embezzled by the defendant after the embezzlement of this case (hereinafter "certificate of inventory custody") and can be recognized that the sum of the unit price for inventory was set at KRW 772,627,032. Thus, it is reasonable to view that the damage incurred by the defendant to the plaintiff due to the embezzlement of this case is equivalent to the above KRW 772,627,032.
Meanwhile, the Plaintiff, instead of paying the above damages, is a person who received the claim for the refund of the lease deposit against C from the Defendant to receive KRW 150 million from C, and received KRW 25,080,000 from the farming association corporation B as the repayment of damages on behalf of the Defendant, and thus, the Defendant is the Plaintiff.