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1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from June 8, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Defendant was an employee of the Plaintiff Company from around 2005 to December 2014. Nonparty C was an employee of the Plaintiff Company as the Defendant’s husband from July 23, 2007 to December 26, 2014. Nonparty D was an internal director of the Plaintiff Company from March 31, 2005 to January 3, 2014. Nonparty D was an employee of the Plaintiff Company as the Plaintiff Company’s representative director from March 31, 2005 to January 3, 2014. Nonparty E was an actual owner of the Plaintiff Company as the Plaintiff’s husband.
C From November 2008, as a whole manager of the golf practice range operated by the Plaintiff Company (hereinafter “instant golf practice range”). From November 2008, C actually controlled the instant golf course’s operations.
B. On December 26, 2014, the Plaintiff dismissed C from office as an internal director.
After that, C continued to occupy and operate the instant golf course, and the Plaintiff Company received a provisional disposition (Ulsan District Court 2015Kahap10055) that prohibits interference with the instant golf course business on May 14, 2015, and a provisional disposition on July 2, 2015 on the instant golf course site (Ulsan District Court 2015Kahap1090).
On July 12, 2015, the Plaintiff Company recovered the right to possess and operate the instant golf course from C.
C. From January 1, 2009 to July 12, 2015, KRW 422,148,579 was deposited in the Plaintiff’s account (hereinafter “instant account”) with the Defendant’s account (hereinafter “instant account”) from the Plaintiff’s account, as shown in the separate sheet, and the total amount of KRW 1,363,730,000 was deposited in the instant account.
(hereinafter referred to as “money deposited in the Defendant’s account” in total, including account transfer and cash deposited into the instant account.
D. Meanwhile, from January 1, 2009 to July 12, 2015, KRW 332,718,643 was disbursed for operating expenses of the instant golf course from the instant account as indicated in the attached Table, and KRW 419,198,000 was deposited into the Plaintiff’s account.
[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 9 evidence, Eul 2 through 6, the whole purport of the pleading
2. Occurrence of liability for damages;
(a) whether embezzlement is recognized or not;