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1. The Plaintiff:
A. Defendant B is 109,425,651 won and 15% per annum from July 1, 2018 to May 31, 2019;
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation with the purpose of manufacturing, processing, and selling fruit, ice, ice, and internal food.
B. Defendant B, who entered the Plaintiff on March 1, 2017 and worked as a business employee at the Plaintiff’s competition business office, and retired on February 6, 2018.
C. On March 1, 2017, the Plaintiff and Defendant B entered into an agreement on the guarantee of personal liability (hereinafter “instant guarantee agreement”) that imposes civil liability on the Plaintiff when the Plaintiff and Defendant B incurred damage to the Plaintiff due to reasons attributable to the Plaintiff in the course of performing their duties.
On January 26, 2018, the Plaintiff investigated the current status of Defendant B’s claims and as a result, the actual amount of claims on the account book was KRW 217,57,012 or KRW 108,425,627, and the shortage in claims was KRW 108,425,627, and the actual amount of inventory was KRW 5,550,812, and the actual amount of inventory was KRW 5,550,876, and the average cumulative rate was KRW 64,00,000,000,000 won and KRW 109,425,651.
E. On January 26, 2018, Defendant B prepared to the Plaintiff a letter of agreement to the effect that “Defendant B was a person who was not a member of the Plaintiff’s ordinary business office from April 1, 2017 to January 26, 2018, and as a person who was not a member of the Plaintiff’s ordinary business office during the said period, the amount of KRW 109,425,651, which was part of the amount received as the sales proceeds during the said period, is a person (Embezzlement) who was not deposited to the Plaintiff until now.” On the same day, Defendant B drafted an agreement to the effect that the said amount would be repaid to the Plaintiff by February 13, 2018 (hereinafter “instant agreement”).
F. According to the labor contract between the plaintiff and the defendant B, detailed matters not prescribed in this contract are governed by the rules of employment and relevant regulations, and according to the guidelines for the management of the plaintiff's claim accident, one of the types of business members' claims (use of public funds and embezzlement) is stipulated in public fund accident (Article 4 of the above guidelines), and all of them in such cases.