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1. The Defendant’s KRW 118,00,000 for the Plaintiff and 5% per annum from January 20, 2006 to January 22, 2016, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff, including the settlement of the Plaintiff and the Defendant, had the obligation to pay to the Defendant during the process of returning after purchasing several parcels of land with the Defendant from around 1999 to 2002.
On November 6, 2002, the Plaintiff and the Defendant settled that the Plaintiff and the Defendant set the amount to be paid by the Plaintiff as KRW 100 million and paid to the Defendant by January 6, 2003.
However, as the Plaintiff did not pay KRW 100 million, which the Plaintiff promised until January 6, 2003, the Plaintiff and the Defendant set the obligation to be paid by the Plaintiff by re-settlementing the settlement on October 15, 2003, and transferred to the Defendant two promissory notes in total amount of KRW 200 million, which are jointly issued by C and D owned by the Plaintiff, on the condition that the Defendant agreed to return to the Plaintiff the remaining amount excluding KRW 100,000,000,000,000,000,000 won.
B. On March 31, 2004, the Plaintiff and the Defendant jointly appointed an attorney-at-law, and the Defendant filed a claim suit against C and D with the Seoul Eastern District Court on March 31, 2004, and was awarded a favorable judgment on August 11, 2004.
On January 19, 2006, in violation of the instant agreement, the Defendant arbitrarily exempted the interest of KRW 76 million up to the time among the principal and interest pursuant to the said winning judgment from the principal and interest pursuant to the said winning judgment, and received only the principal amount of KRW 200 million.
Moreover, the Defendant embezzled the remainder of KRW 100 million, excluding his share of KRW 100 million, by arbitrarily consuming for personal purposes around that time.
C. The Defendant, such as a criminal disposition, was indicted of breach of trust and embezzlement for the foregoing act, and was sentenced to imprisonment with prison labor for one year at the first instance court on February 23, 2010, and thereafter, the appellate court paid the Plaintiff the amount of KRW 20 million with the criminal agreement and submitted a written agreement to the Plaintiff on October 15, 201.