A. On January 11, 2018, the Defendant was sentenced to a suspended sentence of two years for the ten-month period (Seoul Southern District Court 2017 High Court 201Da3700), and appealed against the Defendant on September 6, 2018 (Seoul Southern District Court 2018No98) on the grounds that the Defendant acquired 3,691,30 won against the Plaintiff from September 28, 2009 to July 5, 2010, and was sentenced to a suspended sentence of two years (Seoul Southern District Court 2017 Godan3700), but the appeal was dismissed on September 6, 2018 (Seoul Southern District Court 2018No98).

(hereinafter “instant fraud case”). B.

On May 16, 2019, the Defendant was sentenced to eight months of imprisonment for the crime that he/she embezzled at his/her own discretion during the period from August 28, 2010 to March 11, 2011 (Seoul Southern District Court 2018Dadan2420), and appealed on December 12, 2019, on which the appeal was dismissed on December 12, 2019 (Seoul Southern District Court 2019No1059), and appealed on April 21, 202 (Supreme Court 202Do361). However, the final appeal was dismissed on April 21, 202, and the judgment became final and conclusive on March 21, 2012 (Supreme Court 202Do361).

(hereinafter “instant embezzlement case”). / [Grounds for recognition] There is no dispute, each entry of evidence Nos. 1, 5, 11, and 13, and the purport of the whole pleadings.

2. Determination

A. (1) The summary of the Plaintiff’s claim determination (A) is that the Defendant, by deceiving the Plaintiff, acquired KRW 33,691,300 by deceiving the Plaintiff, and among which, the Defendant deposited KRW 20 million to the Plaintiff, the Defendant is obligated to compensate the Plaintiff for the remaining damages of KRW 13,691,300.

(B) Although the Defendant and the Plaintiff entered into a partnership agreement to divide 1/2 of their profits after running C as a partner of the instant embezzlement case, the Defendant’s sales amounting to KRW 49,736,600 from August 28, 2010 to March 11, 201.