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1. The Defendant shall pay to the Plaintiff KRW 303,66,371 as well as 20% per annum from February 10, 2015 to the date of full payment.
Reasons
1. Occurrence of liability for damages;
A. 1) The Defendant embezzled KRW 313,66,371 in total on 242 occasions from eight automobile mechanic companies, the Plaintiff’s customer of the Plaintiff, on November 29, 2009, to June 19, 2013, by arbitrarily consuming KRW 313,66,371 in total from eight automobile mechanic companies, the Plaintiff’s customer of the Plaintiff’s transaction, as shown in the attached list, while working as the head of the division in the automobile parts selling company of the Plaintiff’s business in the Cheongju-si Office, the Plaintiff: (a) sold the automobile parts in the name of “D” in the Plaintiff’s business in the Cheongju-si Office; (b) sold the automobile parts, and (c) sold the automobile parts and collected money.
3) On September 30, 2014, the Defendant was convicted of two years of imprisonment for the crime of occupational embezzlement as seen above in the Cheongju District Court 2014Ma3866, and was sentenced to the dismissal of an appeal in the Cheongju District Court 2014No1051, Jan. 30, 2015. The above judgment became final and conclusive around that time. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1-1 and 2-1, and the purport of the whole pleadings.
B. According to the above facts of recognition, since the defendant embezzled the price of delivered motor vehicle parts received from the plaintiff's business partner without paying it to the plaintiff and inflicted damages on the plaintiff, the defendant is obligated to pay the plaintiff damages amounting to 313,66,371 won and damages for delay caused by the above illegal act.
2. Judgment on the defendant's assertion
A. Inasmuch as part of the price for supply of automobile parts received from the Plaintiff’s customer to the Plaintiff, it is unreasonable to deem the entire amount of embezzlement recognized in a criminal trial as the amount of damages.
B. Even if the judgment 1 civil trial is not bound by the finding of facts in the criminal trial, the fact that the criminal trial already became final and conclusive with respect to the same facts is a valuable evidence, and thus, it is a civil trial.