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1. Defendant B’s KRW 22,118,60, and the Plaintiff’s annual rate of KRW 5% from January 13, 2018 to January 10, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a person who operates a floor wholesale retail business with the trade name of “D,” and Defendant B is a person who works for the head of the division from February 5, 2013 to April 25, 2017 in the foregoing business entity operated by the Plaintiff and was in charge of managing business partners and collecting money.
B. From the beginning of 2016, Defendant B commenced embezzlement of part of the transaction amount collected from the customer of “D”, and was discovered to the Plaintiff around July 2016.
Since then, the above Defendant paid the sum of KRW 30,80,000 out of the embezzlement amount to April 2017 (the offset disposition against the benefits partially). However, the Plaintiff submitted the first complaint to the investigative agency around August 8, 2017, and the additional complaint on August 22, 2017, respectively.
C. Meanwhile, on May 23, 2017, Defendant B donated the share of the instant building, which is the only property of Defendant C, the wife on May 23, 2017, before the said complaint was filed, and the registration of share transfer was completed on May 23, 2017 by the Seoul Southern District Court’s registration No. 114383.
In the investigation process conducted thereafter, Defendant B recognized the embezzlement of KRW 38,681,40 as to the amount of embezzlement from February 16, 2016 to April 1, 2017, which was included by the Plaintiff in the first accusation, but denied suspicion of KRW 35,841,50 as to the amount of embezzlement alleged from February 16, 2013 to May 1, 2017.
E. On November 20, 2017, when the investigation procedure was in progress, Defendant B prepared and delivered “the loan certificate of this case” to the Plaintiff, stating that “The repayment method shall comply with the requirements prescribed by the Plaintiff and, if the above conditions are not fulfilled, the Defendant shall pay interest of 25% per annum from the date of non-performance to the date of next performance.”
F. After February 8, 2018, the prosecutor of the Seoul Southern District Prosecutors' Office conducted an in-depth investigation against the Plaintiff and Defendant B. The Plaintiff affirmed the complaint against KRW 38,681,40, which is the first accusation, but the above.