1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. From September 1, 2012 to August 31, 2013, the Defendant is a person who works for the Plaintiff Company as an alcoholic beverage wholesaler and was engaged in the business of managing customers and receiving alcoholic beverage payments.

B. Around August 16, 2013, the Defendant: (a) received KRW 2,50,000 from the business proprietor of “B”, who was in the custody of the Plaintiff Company on behalf of the Plaintiff; and (b) embezzled the total of KRW 11,12,400,00 from June 25, 2013 to August 30, 2013, as shown in the list of crimes in the attached Table, for consumption of alcoholic beverages received from each business proprietor of the transaction as stated in the list of crimes; and (c) embezzled the amount of KRW 11,112,40,00 for daily living expenses.

(hereinafter “instant occupational embezzlement”). C.

On June 9, 2015, the Defendant was issued a summary order of KRW 5 million with the Busan District Court Decision 2015 High Court Decision 2015 High Court Decision 7812, and accordingly, the Defendant filed a request for formal trial with the above court Decision 2015 High Court Decision 2015 High Court Decision 2002, Nov. 5, 2015, which was sentenced to a fine of KRW 5 million, such as the summary order.

Accordingly, the Defendant appealed as the above court 2015No4171, but was sentenced to the dismissal of the appeal on September 2, 2016, and the above judgment became final and conclusive on September 10, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings

2. According to the above facts of recognition, the Defendant, as damages for tort, is obligated to pay to the Plaintiff the total amount of KRW 11,112,400, and damages for delay calculated at the rate of 15% per annum from July 16, 2015 to the date of delivery of the copy of the complaint of this case, as claimed by the Plaintiff, as damages for tort, to the day of full payment, as calculated from July 16, 2015 to the day of full payment.

3. If so, the plaintiff's claim of this case should be accepted for the reasons, and the judgment of the court of first instance is justified with this conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.