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1. The defendant shall pay 400,000,000 won to the plaintiff and 20% per annum from May 29, 2012 to the day of complete payment.
Reasons
1. Indication of claim;
A. On July 11, 2011, the Plaintiff entered into an agreement on the economic region linking cooperation projects with B Co., Ltd. (hereinafter “B”) with respect to “C business” (hereinafter “instant agreement”) among the economic region linking cooperation projects implemented by the Plaintiff, which are the central projects carried out by the Plaintiff.
B. On November 14, 201, the Plaintiff deposited KRW 1,220,00,000 in the Bank of Korea deposit account (Account Number D) in the name of the Bank of Korea under the name of B, which is the project cost account of this case, through the Institute of Science and Technology, which is a major institution in charge of overall management.
C. As prescribed by Article 5 of the Convention, Article 10(6) of the Regulations on the Management, etc. of National Research and Development Projects, and Article 12(3) of the Guidelines on the Calculation, Management, Use, and Settlement of Project Costs for Knowledge Economy Technology Innovation Projects, the project costs of this case are disbursed for each item specified in the instant project plan. The use of the project costs of this case shall be based on the use of the project cost card in principle, but only when the use of card is inevitable, it shall be disbursed by means of direct account transfer from the account of project costs of this case. However, the Defendant embezzled KRW 400,000 by means of Internet transfer on November 23, 201, and 200,000 by means of alternative transfer, and embezzled KRW 40,000,000 from the account of project costs of this case to another deposit account under the name of the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 400,000 due to occupational embezzlement and damages for delay calculated at the rate of 20% per annum from May 29, 2012 to the date of full payment, which is the day following the delivery date of a copy of the complaint of this case, as the Plaintiff seeks.
2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);