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. The Plaintiff is a company engaged in the construction of housing construction and civil engineering works, etc., and the Defendant has been engaged in the accounting work of the limited liability company C (hereinafter “C”) from November 1, 1996 to March 2014, as an employee in charge of the accounting work of the limited liability company C (hereinafter “C”), from around April 2010.

B. On June 24, 2009, the Plaintiff leased the five-storys of the building E located in Geumcheon-gu, Seoul Special Metropolitan City as the office by setting the deposit amount of KRW 20 million, monthly rent of KRW 600,000,000, and the lease term of two years, and used it as the office around April 2014. On April 16, 2014, the Plaintiff agreed to enter into the above lease agreement. On April 16, 2014, the Defendant received the deposit deposit of KRW 17,440,000 from the said lessor to the account in the name of the Plaintiff.

C. On April 17, 2014, the Defendant transferred KRW 15,840,000 from the account of community credit cooperatives under the name of the Plaintiff to the account of corporate bank in the name of C, and withdrawn KRW 12,804,000 from the account of corporate bank in the name of C on April 18, 2014.

On March 21, 2016, the Defendant was issued a summary order of KRW 2 million with the Jeonju District Court Decision 2016 High Court Decision 2016 High Court Decision 2010,000 won for the crime of occupational embezzlement as follows. However, the Defendant appealed to the summary order and filed an application for formal trial with the Jeonju District Court Decision 2016 High Court Decision 257, Feb. 13, 2018. The above judgment became final and conclusive on February 21, 2018.

The Defendant, while serving as C’s accounting staff, died on February 22, 2014 by the F, who actually operated C and the Plaintiff, was unable to operate the said two companies. Around that time, the Defendant was in custody for the Plaintiff while performing follow-up treatment by the said companies.

On April 16, 2014, the Defendant received 17,440,000 won remaining after settlement as the lease relationship with the Plaintiff as the lessee terminates, and then received once again to the account of the Plaintiff’s community credit cooperatives, the following year.

4. 17. The transfer of KRW 15,840,000, out of the said money, to C’s corporate bank account for the Plaintiff.