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1. The Defendant’s KRW 131,77,084 as well as the Plaintiff’s annual 5% from April 17, 2015 to November 1, 2017, and the following.
Reasons
1. Basic facts
A. The Plaintiff is a company operating liquefied gas manufacturing business and sales business, and the Defendant was in charge of accounting accounting at the Plaintiff’s C business office located in B from August 1, 2008 to February 4, 2015.
B. On February 4, 2015, the Plaintiff found that the Defendant embezzled public funds in an audit conducted at the level of business transfer and takeover while taking office at the above C business office, and dismissed the Defendant on March 25, 2015 on the ground of embezzlement of public funds.
C. On May 4, 2016, the Defendant stated the amount of KRW 59,103,096 as KRW 110,673,98 from the account transfer from a credit card company to February 2, 2015, stated the amount of KRW 110,673,98, and embezzled KRW 169,77,084 as a total of KRW 169,77,087,08 by arbitrarily consuming the amount of cash from the Plaintiff’s office for business purposes despite the absence of approval for credit card sales, as if the credit card sales had been approved, and reported the amount to the head office to the head office at his/her own discretion, and then arbitrarily consumed the amount of KRW 7,00,00,000 from the account transfer from the Plaintiff’s office. The Defendant did not file an appeal with the prosecutor and the judgment of the Daejeon District Court for 15,201,50,516.
The Defendant repaid to the Plaintiff KRW 38,000,000 out of the amount of embezzlement.
【Facts without dispute over the grounds for recognition, Gap evidence 1, Eul evidence 13, the purport of the whole pleadings
2. Determination as to the cause of action
A. The main point of the Plaintiff’s assertion is that the Plaintiff’s 408,836,906 won of public funds in charge of accounting accounting affairs at the Plaintiff’s C’s business office is asserting in the instant payment order application that “the amount of embezzlement that the Defendant would have been partially repaid and outstanding is KRW 370,836,906.”