1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 12,00,000 won to the plaintiff and its related costs on September 2017.

1. Facts of recognition;

A. From April 5, 2010 to July 27, 2011, the Defendant served as a member of the Plaintiff’s operating division, respectively as the Plaintiff’s operating division from July 28, 201 to September 1, 2016, and was in charge of collecting heat treatment fees, etc. from the Plaintiff’s business partner.

B. The Defendant was indicted for occupational embezzlement with the purport that “it used the said money for the Defendant’s personal purpose while keeping the money equivalent to KRW 24,279,200 from January 1, 201 to August 2016, as stated in the separate embezzlement, and embezzled it by using it for the Defendant’s personal purpose.” On November 10, 2017, the said court sentenced the Defendant “six months of imprisonment and two years of suspended execution” to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 9, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion was employed by the Plaintiff and worked from April 2010 to August 2016, the Defendant embezzled money collected from customers several times, and the amount is KRW 408 million.

On September 8, 2017, the Plaintiff received reimbursement of KRW 10,349,200 from the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of embezzlement KRW 30,450,800 ( KRW 408 million-10,349,200) and damages for delay from September 9, 2017, which is the day following the due date for payment.

B. The summary of the Defendant’s assertion is KRW 12,279,200, the aggregate amount of the remaining embezzlements except No. 3 of the Attached Embezzlements, and KRW 12,00,000,000,000, which is 3, did not be embezzled by the Defendant.

On September 8, 2017, the Defendant returned to the Plaintiff KRW 19,349,200 as indicated in attached Table Embezzlement No. 1,279,200 ( KRW 1,930,349,200). The Defendant repaid to the Plaintiff the amount of embezzlement KRW 12,279,200 ( KRW 10,349,200).

3. Determination

A. 1. The defendant's embezzlement of 40,800,000 won as to the cause of the claim is the cause of Gap evidence No. 3-1.