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1. The Defendant shall pay to the Plaintiff KRW 50 million, KRW 5% per annum from May 26, 2008 to January 8, 2013, and complete payment from the next day.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation operating the taxi transport business, etc., and C is a person who served as the Plaintiff’s accounting employee from October 2004 to November 2008 as the Plaintiff’s employee while serving as the Plaintiff’s employee. The Defendant is a spouse of C and C married around January 8, 2006.
B. Around January 2005, C deposited 1.5 million won out of the taxi commission to be deposited to the Plaintiff in accordance with the direction of D (C’s largest) at the time of the Plaintiff’s representative director, and thereafter deposited 1.5 million won in the bank account under the name of C (hereinafter “instant account”) from that time until April 20, 207, and deposited 1.5 million won on a daily basis as of the business day from April 2007 to the same account, and C kept the Plaintiff in its business for the sake of the Plaintiff. At the time, D was unable to normally operate the Plaintiff due to the external dementia by the fall accident around June 2005.
C. C voluntarily withdraws the total of KRW 500 million from November 16, 2006, around May 15, 2007, and KRW 700 million from May 16, 2007, and deposited the money deposited in the account of the beneficiary certificates (MF) in the name of Korea Bank (hereinafter “MF account”) in the name of Songpa-gu, Seoul, and then arbitrarily used the money deposited in the account of the beneficiary certificates in the attached Form (hereinafter “the apartment of this case”) and the money deposited in the account of the beneficiary certificates in the name of C and their family members.
C and the Defendant purchased the instant apartment from E on May 26, 2008 with the price of KRW 442 million (hereinafter “the instant apartment”). As to the instant apartment, the Seoul Central District Court received on June 11, 2008 as the receipt of KRW 27817, respectively, with the shares of KRW 1/2 in the name of C and the Defendant.
E. The ground for the Plaintiff’s embezzlement of the instant taxi commission in collusion with C, the Defendant, and C’s father.