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1. Defendant C’s KRW 100,000,000 as well as 5% per annum from September 27, 2008 to June 1, 2017 to the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Plaintiff claimed against the Defendant Company lent KRW 259,30,460 to the Defendant Company. The Defendant Company paid KRW 56,294,800 on December 31, 2015, and KRW 138,705,20 on January 4, 2016, and did not pay the remainder of KRW 64,30,460 on the part of the Defendant Company.
Therefore, the defendant company is obligated to pay to the plaintiff 64,300,460 won and damages for delay.
B. Defendant C, while serving as the Plaintiff’s internal director, etc., performed the duties of fund management, etc., Defendant C, as the Plaintiff’s internal director, etc.
(2) On September 5, 2012, Defendant C embezzled by withdrawing KRW 100 million from the Plaintiff’s account of community credit cooperatives (G) on September 26, 2008 and remitting it to D. (2) Defendant C embezzled by withdrawing KRW 100 million from the Plaintiff’s foregoing account on July 5, 2012 and remitting it to H.
3) On February 29, 2008, Defendant C embezzled KRW 1,832,716,356 in total 48 times from February 29, 2008 to March 18, 2014, such as embezzlement of KRW 10 million by arbitrarily using the Plaintiff’s funds, which were in the occupational custody on February 29, 2008, and embezzled KRW 1,832,716,356 in total. Even if Defendant C does not embezzled the above funds, Defendant C is responsible for the Defendant C as a fund manager, and should recover the said money under the pretext of provisional payment, and should not cause damage to the Plaintiff. However, Defendant C is obligated to pay KRW 1,832,716,356 embezzled to the Plaintiff, but is deemed to have been partly repaid, Defendant C is entitled to seek compensation for damages from the above amount of KRW 880 million and its delay damages.
2. Determination
A. According to the evidence No. 1, No. 7 of the judgment as to the claim against the Defendant Company, the Plaintiff is only KRW 56,294,800 on December 31, 2015, among KRW 259,300,460 on April 6, 2016, KRW 56,294,80 on December 31, 2015, and KRW 138,705,200 on January 4, 2016.