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1. Defendant A’s KRW 454,753,00 for the Plaintiff and KRW 5% per annum from August 21, 2013 to August 11, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a public foundation established for the purpose of scholarship projects and cultural projects. Defendant A works as the Plaintiff’s employee from November 14, 2005 to April 30, 2013 and takes charge of Category D and other E affairs. Defendant B is Defendant A’s money, and Defendant C is the mother of Defendant A.
B. On January 25, 2010, Defendant A embezzled total of KRW 646,30,000 of the Plaintiff’s funds through the same method 738 times until August 21, 2013, including the transfer of KRW 1,50,000 out of the Plaintiff’s funds for the scholarship program to its own account.
【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1-1, 2, 3, and 5, and the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion that Defendant A embezzled the Plaintiff’s funds, and Defendant B and C used part of the above embezzlement money from Defendant A, thereby aiding and abetting or impliedly aiding and abetting Defendant A’s embezzlement. As such, the Defendants are jointly and severally liable for damages to the Plaintiff as joint tortfeasor.
B. 1) According to the facts of the recognition of the claim against Defendant A, Defendant A is obligated to pay KRW 646,30,000 as compensation for damages caused by the tort since it embezzled Plaintiff’s funds of KRW 646,30,00,000 to the Plaintiff, and the Plaintiff was liable to pay KRW 646,30,00 as compensation for damages caused by the tort. The Plaintiff received part of the above money from Defendant A and did not receive the remainder of KRW 454,753,00. The Defendant A is obligated to pay the Plaintiff the compensation for damages caused by the tort and the delay damages therefrom. (2) As such, aiding and abetting the joint tort under Article 760 of the Civil Act, which jointly causes damages to the other, refers to all direct and indirect acts that facilitate the tort, and thus, aiding and abetting the same as the negligence in principle for the purpose of compensating damages, unlike the Criminal Act, is also an interpretation of the Civil Act by negligence.