1. The Defendant’s KRW 3,298,250 as well as the Plaintiff’s annual rate of KRW 5% from October 2, 2015 to June 28, 2017.

Basic Facts

The Plaintiff’s attached C and Ulsan-gun, Ulsan-gun, operated the Plaintiff’s business of manufacturing ships and motor vehicle parts E (hereinafter “instant company”). The Defendant, as a legal spouse of the Plaintiff, worked as the director of the instant company from February 2012.

On May 18, 2012, the Defendant transferred KRW 1,470,00 from the Gyeongnam Bank Account (F) in the name of the Plaintiff to the Defendant’s post office account (G), and used at will, on September 28, 2012, KRW 1,828,250 from the said Plaintiff’s account to the Defendant’s above account, and used at will.

On December 23, 2015, a summary order of KRW 2,00,000 was issued by the Defendant for summary facts constituting the above facts constituting the crime (Ulsan District Court Decision 2015 High Court Decision 16135). On January 18, 2016, the Defendant filed a request for formal trial on the above summary order, and withdrawn the request for formal trial on February 4, 2016, and the said summary order became final and conclusive as it is.

On November 21, 2014, the Plaintiff filed a complaint with the Defendant for embezzlement of KRW 284,946,549, which was owned by the Plaintiff and C, from February 21, 2012 to October 1, 2014. However, the Ulsan District Prosecutors’ Office decided on September 12, 2016 that the Defendant was not guilty.

[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1 through 6, and the plaintiff's assertion as to the ground for claim as to the whole purport of the arguments and arguments, the defendant is obligated to pay to the plaintiff delay damages from the day following the delivery date of the original copy of the payment order to the plaintiff, since the plaintiff transferred KRW 470,719,730 from the bank account in the name of the plaintiff and the defendant, the bank in Korea, and the company bank account in the name of the plaintiff and the defendant, or embezzled by withdrawing KRW 470,719,730 from the account in cash.

Judgment

However, the Defendant embezzled 3,298,250 won (i.e., the embezzled amount of KRW 1,470,000 on May 18, 2012) from the Gyeongnam Bank account (F) in the name of the Plaintiff (i.e., the embezzlement amount of KRW 1,828,250 on September 28, 2012). As seen earlier, the Defendant embezzled 3,298,250 won.