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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 1 to 4, 7, and 15 (including the number when it is not specially indicated; hereinafter the same shall apply) and all pleadings, and there is no counter-proof.
The plaintiff is a company that runs the construction business, and B, who worked as an employee of the company, committed a tort of embezzlement of KRW 367,827,986, such as the plaintiff's sales revenue, rental deposit, etc. from August 1, 2006 to January 29, 2009.
B. B on May 27, 2009, “The amount embezzled by the principal shall be KRW 342,827,986, whichever is earlier, KRW 106,137,610 out of that amount shall be repaid until June 30, 2009; KRW 236,690,376 shall be repaid until September 30, 2009; ② on August 11, 2009, additional embezzlement of KRW 20,000 by the check; ② the outstanding amount of KRW 5,00,000,00 and the details of the project disbursement shall be verified and notified to the Plaintiff by August 19, 209, and the amount of KRW 106,137,610 out of that amount shall be repaid to the Plaintiff, respectively.
C. On October 11, 2011, the Plaintiff filed an application for a payment order claiming payment of embezzlement 267,909,156 won (=367,827,986 won-9,918,830 won) and delayed payment damages with respect to B with the Suwon District Court, the Plaintiff received an order for payment (201,31,3144) with the same content from the said court on October 13, 201, and the payment order became final and conclusive on November 3, 2011.
B On August 17, 2011, the Defendant entered into a contract with the Defendant to set up a maximum debt amount of KRW 200,000,000,00 with respect to each of the real estate listed in the separate sheet owned by B (hereinafter referred to as “third real estate”), the obligor C (B), and the collateral security (hereinafter referred to as “instant collateral security”) with the Defendant. Accordingly, on August 18, 201, the Daegu District Court Registry of the Defendant under the name of the Defendant, Daegu District Court No. 6026, Aug. 18, 201.