A. Defendant B’s KRW 63 million and as to this, 5% per annum from June 25, 2014 to July 23, 2014.

A. The Plaintiff was in a 10-year relationship with Defendant B, and the said Defendant was the person in charge of the management of the “E” located in Jongno-gu Seoul Metropolitan Government among the stores owned by the Plaintiff.

B. Around June 8, 2014, Defendant D prepared and issued a certificate of confirmation (Evidence A 1) stating that “The above Defendant B had inflicted damage on the Plaintiff by making a transaction with the Plaintiff with the Plaintiff in cash amounting to KRW 50,000,000,000, not known to the Plaintiff.”

C. On June 9, 2014, Defendant C prepared a written confirmation (Evidence A 6) to the Plaintiff that “I would pay the Plaintiff the said amount by July 25, 2014, without notifying the Plaintiff to the Plaintiff.”

around June 25, 2014, Defendant B embezzled KRW 78 million for four years from around 2011 to December 2014, and issued to the Plaintiff a letter (Evidence 5) to the effect that “I would make reimbursement from around 2011 to December 2014.”

E. Since July 25, 2014, Defendant C repaid the Plaintiff KRW 15 million.

(The part against Defendant D: The part against Defendant B and C: without dispute, Gap evidence No. 1, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 5, Gap evidence No. 6, the purport of the whole pleadings.

2. The parties' assertion and judgment

A. According to the above facts, Defendant B and each of the Defendant B jointly and severally with the Plaintiff, pursuant to the above letter of embezzlement (Evidence A 5) (i.e., KRW 78 million) and KRW 63 million remaining after deducting the amount of KRW 15 million partially repaid by Defendant C from the amount of KRW 28 million (= KRW 78 million - KRW 15 million) and KRW 13 million remaining after deducting the amount of KRW 15 million partially repaid from the above agreed amount of KRW 28 million (=28 million - KRW 15 million - KRW 5 million), Defendant D as the above tort and each of the above tort thereafter claimed by the Plaintiff, as the complaint against Defendant C from June 24, 2014 to 27, 2014; and Defendant C as the complaint against each of the above tort. < Amended by Presidential Decree No. 25074, Jun. 24, 2014; Presidential Decree No. 25200, Jun. 27, 2014>