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1. The Plaintiff, Defendant A and B jointly share KRW 46,816,00,00, and Defendant C jointly with the said Defendants, out of the above amount, 19,835.
Reasons
Ⅰ Claim against Defendant C
1. Facts of recognition;
A. On October 19, 2017, the Defendants were convicted of occupational embezzlement by the Gwangju District Court on the following facts, and the said judgment became final and conclusive as it is.
The actual plaintiff of the crime was awarded a contract for "D New Apartment Construction Corporation (hereinafter "D New Construction Corporation")" and "E New Apartment Construction Corporation (hereinafter "E New Construction Corporation") from the development of the Vietnam Industry Co., Ltd. (hereinafter "D New Construction Corporation").
In addition, Defendant A received a sub-subcontract for the pelvis and sampling construction among the subcontracted D new construction works, and was awarded a subcontract for the pelvis construction among the new construction works, and borrowed the pelvis construction works under the name of the Ilyang Construction Co., Ltd. among the new construction works. Defendant B, as a member of the Plaintiff Company, worked as the head of the relevant site of each of the above construction works. Defendant C, as a gale article, performed the work of transporting steel bars at each of the above construction sites.
D around 10:30 on April 15, 2016, Defendant A: (a) consented to the proposal and requested Defendant B to sell the steel bars; and (b) Defendant C consented to the offer and sold 11.18 tons of the steel bars that Defendant B kept in his/her duties on behalf of the Plaintiff Company, with a G 4,248,400 won (380 won per 1km) while carrying the said steel bars in his/her business custody for the Plaintiff Company, and with a G in his/her 4,248,400 won (380 won per 1km). Accordingly, Defendants conspired and embezzled the said steel bars at the construction site at around 10:30 on May 8, 2016, the Defendants conspired with the Defendants to sell the said iron bars to the Plaintiff Company at the same time and received KRW 1250,405,500 (hereinafter referred to as “G105,500 tons”).
B. Defendants (i) committed at the site of new E&A in collusion with the Defendants on May 28, 2016 for the Plaintiff Company in the same manner as the entry in paragraph (a) at the site of new E&A located at H in the Jeonnam-gun, Chungcheongnam-gun, Seoul.