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1. The Defendant shall pay to the Plaintiff KRW 159,794,090 and the interest rate of KRW 15% per annum from April 1, 2017 to the date of complete payment.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition 1) The Defendant served as the head of Vietnam-based Plaintiff’s corporate entity located in Vietnam-si from January 2014 to December 2015. 2) On February 21, 2014, the Defendant: (a) paid 20,000,000 units of vehicle sales commission to be paid by the Plaintiff to “D”, which is a transportation company in Vietnam, from January 21, 2014 to December 21, 2015; and (b) used 20,000 units of remaining 20,000 units of money for personal use from the time of voluntary use by the Defendant from October 21, 2015 to the time of embezzlement for a total of 18 times under the name of bus sales commission, sales promotion expenses, sales promotion expenses, and sales expenses, etc. for a total of 3,264,000 units of money for business use, including 3,200,000 units of money for private use (hereinafter referred to as entertainment).
3) Although the Defendant had an occupational duty to not use a corporate credit card under the name of the Defendant for the Defendant’s personal use, he/she, around December 5, 2015, paid 56,217,548 Dong (Korean Won 2,750,000) at the drinking price from the main office in Vietnam with the credit card in the name of the Plaintiff at Vietnam with the credit card around December 5, 2015, and paid 45,20,00 Dong (Korean Won 2,250,000 won) at the drinking price from GCAE with the new credit card in the name of the Plaintiff on December 6, 2015, acquired financial benefits equivalent to 101,417,548 Dong (Korean Won 5,00,000,000 won) and did not dispute over the Plaintiff’s considerable damages.
B. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 168.2 million (i.e., embezzlement amount of KRW 163.2 million) excluding the remainder of KRW 159,794,090 (i.e., KRW 168.82 million - KRW 8,405,910), which the Plaintiff was partly repaid on May 30, 2016, and damages for delay calculated at a rate of 15% per annum from April 1, 2017 to the date of full payment, following the delivery of the original copy of the instant payment order.
2. The plaintiff's claim for conclusion is justified and accepted.