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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who served as the Plaintiff’s account source from September 2010 to December 17, 2014.
B. The Defendant calculated the goods from April 10, 201 to December 18, 2014 and disposed of them, and then cut the amount of 17,405,130 won through 543 times in total by taking out cash equivalent to the price of the goods, and purchased the goods with the Defendant’s credit card from October 9, 201 to December 14, 201, and returned the goods with the Defendant’s credit card from October 14, 201 to December 14, 2014, and then stolen the goods worth 250,400 won in total seven times in total with the said goods (i.e., cutting off money and goods + KRW 17,65,530 won in total) (i.e., KRW 17,405,130 + KRW 250,400 in total)] was habitually convicted of a crime of larceny (i.e., this judgment became final and conclusive by the court below Decision 23015Da7415, Nov. 24, 2014.
C. Meanwhile, the Defendant and her husband C filed a lawsuit against the Plaintiff for the payment of wages, retirement allowances, and pre-payment of dismissal allowances, and the judgment of 13,849,302 won to the Plaintiff, 6,463,304 won to the Defendant, and 20% interest per annum from April 7, 2015 to August 25, 2015, and 20% interest per annum from the next day to the date of full payment (see, e.g., Supreme Court Decision 2015No1603, Aug. 25, 2015) was finalized around that time (see, e.g., Supreme Court Decision 2015No1603, Aug. 25, 2015).
C transferred the above claim amounting to KRW 13,849,302 to the Defendant, and notified the Plaintiff of the fact of transferring the claim on November 3, 2015. On November 3, 2015, the Defendant notified the Plaintiff that the claim amounting to KRW 20,312,606 (= KRW 13,849,302 KRW 6,463,304) was offset against the Plaintiff’s damage claim amounting to KRW 17,65,530.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2 and 3, purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is money and valuables equivalent to KRW 90,937,140,000 by treating false goods while working as the Plaintiff’s account source from around 2011 to around 2014.