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1. As to KRW 240,603,653 among the Plaintiff and KRW 36,060,413, the Defendant shall pay to the Plaintiff KRW 10,60,653, and KRW 102,824,006.
Reasons
1. Basic facts
A. The plaintiff is in the middle of the lawsuit comprised of descendants of E, who are 21 years of age of C C, and the defendant is a person who managed the plaintiff's clan as the descendants of E.
B. The Defendant, prior to 199, took charge of the Plaintiff’s financial management duties by 2009 with F’s children, who served as the president of the Plaintiff. From 2010, the Defendant took over the Plaintiff’s general affairs and performed the general affairs.
C. The Defendant, while performing the Plaintiff’s general duties, embezzled the total of KRW 240,603,653 for personal consumption, which is the profit from the land owned by the clans. D.
Upon finding the same facts as stated in paragraph (3), the defendant agreed to pay the above money to the plaintiff on December 15, 201, and agreed to pay 36,060,413 won at par value, and payment date on March 31, 2012 (No. 1154 certificate which was issued by a notary public in Korea and Japan, No. 102,824,006 won at par value on the same day, payment date, and December 31, 2012 (No. 1155 certificate which was issued by a notary public in Korea and Japan, No. 101,719,234 won at par value on the same day, and December 31, 2014) to the effect that each of the promissorysory notes was not immediately paid to the plaintiff, and that each of the promissory notes was not immediately paid to the plaintiff even if a notary public without delay.
[Reasons for Recognition] Articles 208(3)1 and 257 of the Civil Procedure Act
2. According to the above facts of determination, the Defendant’s claim for KRW 240,60,653 of the total amount of embezzlement and KRW 36,060,413 of the total amount of embezzlement to the Plaintiff from April 1, 2012, KRW 102,824,006, the Plaintiff’s claim for KRW 102,824,006, and KRW 101,719,234 of the Plaintiff’s claim from January 1, 2015 to April 7, 2017, the delivery date of a copy of the complaint of this case, and KRW 5% per annum as prescribed by the Civil Act, from January 1, 2015 to April 7, 2017, and from the next day to the date of full payment.