6. Upon receipt of KRW 70 million in total, among which KRW 25 million was paid, the seller of the above land shall be paid KRW 25 million, and the remainder of KRW 45 million shall be paid to the seller, and the joint embezzlement (hereinafter “instant embezzlement”) was made by using the remainder of KRW 45 million as the costs of living of the Defendants; Defendant C agreed to pay the Plaintiff KRW 45 million by November 30, 2013.

2. According to the above facts of recognition, the Defendants who committed the instant embezzlement are jointly obligated to pay to the Plaintiff damages for delay at the rate of KRW 45 million and 5% per annum under the Civil Act from December 1, 2013 to November 10, 2016, which is the date of the sentencing of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

Since interest or delay damages from December 1, 2013 to November 10, 2016, which is the day following the period of repayment of the Defendants’ claim for the return of embezzlement, are deemed to be under the Civil Act, the above-mentioned claims are dismissed as without merit. In addition, although the Defendants jointly asserted that the Plaintiff is liable to pay consolation money of KRW 10 million due to the embezzlement of this case, the mental suffering caused by the property damage would be the above-mentioned property compensation unless there are special circumstances that make it difficult to compensate for the property damage to the extent that the compensation for the property damage cannot be compensated (see Supreme Court Decision 96Da38971, Jul. 10, 1998). It is recognized that the Plaintiff suffered mental suffering from the embezzlement of this case only by itself.