1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from February 10, 2010 to March 7, 2013 to the Plaintiff.

1. Facts of recognition;

A. From April 2009 to July 2010, the Defendant is a person who served as an auditor of the Plaintiff Company established for the purpose of importing and selling anti-smoking assistive machines in Mapo-gu Seoul.

B. Around January 29, 2010, the Defendant: (a) transferred KRW 6,000,000 from the Plaintiff’s National Bank’s account to the Defendant’s name foreign exchange bank account (D) using Internet banking at the Plaintiff Company’s office; and (b) wrongfully used the Defendant’s graduate school tuition fees and the Defendant’s mother’s living expenses, etc.;

C. Around February 10, 2010, the Defendant embezzled KRW 4,000,000 from the Plaintiff Company’s National Bank’s account using Internet banking at the Plaintiff Company’s office by transferring the Defendant’s mother from the Plaintiff Company’s National Bank’s account to the E-name Foreign Exchange Bank’s account (F).

The defendant

(a) through (c);

In the event of embezzlement of 200,000 won, a fine of 3,00,000 won was imposed for the criminal facts described in the subsection.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3, 4, 13, 14, 16, and 17, and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, barring any special circumstance, the Defendant is liable to compensate the Plaintiff for damages arising therefrom as a tort of embezzlement. Thus, the Defendant is liable to pay to the Plaintiff the above KRW 10,00,000 as well as damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from February 10, 2010 to March 7, 2013, the delivery date of a duplicate of the complaint of this case, and 20% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. The judgment on the Defendant’s assertion is that KRW 10,00,000, transferred on January 29, 2010 and February 10, 2010, which was paid under the permission of the Plaintiff’s representative director G or directly transferred to G. G, which was in a marital relationship with G and the Defendant, the use of the cost of living in the passbook of the Plaintiff company was made or the Defendant operated.