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(영문) 서울동부지방법원 2015.05.15 2014가단42258
손해배상
Text

1. The Defendant’s KRW 30,000,000 and its related amount are 5% per annum from November 30, 2012 to September 2, 2014 to the Plaintiff.

Reasons

Facts of recognition

The plaintiff was prosecuted for embezzlement under the Seoul Eastern District Court 2013Kadan46581, and the facts constituting the crime are as follows (criminal facts). The comparison was that the plaintiff embezzled the money received as the share of inheritance of C and D, a relative C and D, while being kept.

【Criminal Facts】

On July 4, 2011, the Plaintiff, the Defendant, the Defendant, the C, and the D, who were the siblings, were children of the deceased father E, and the Plaintiff, the Defendant, the C, and the D, after the commencement of inheritance due to the death of E on July 4, 201, filed a claim for the division of inherited property with the Seoul Family Court against E’s wife F, and F, who were in possession of inherited property as another inheritor, and F, and on June 7, 2012, “the Plaintiff shall be paid KRW 370 million from F as the representative.”

On September 6, 2012, the Plaintiff, the Defendant, the Victim C, and D agreed that the Plaintiff shall have KRW 125 million (including all of the litigation costs) out of the amount of KRW 370,000,000,000,000 paid by F, Defendant 48,000,000 won, C shall have KRW 120,000,000,000,000 won, and KRW 77,00,000,000, respectively.

The Plaintiff received KRW 200 million from F in October 2012, and divided the Plaintiff’s KRW 70 million, the Defendant’s KRW 30 million, C’s KRW 70 million, and D’s KRW 30 million.

Therefore, out of the remainder of the inherited property division amount to be paid by F after the Plaintiff, KRW 65 million was the Plaintiff’s share, KRW 18 million, and KRW 50 million was the Defendant’s share, KRW 30 million, and KRW 47 million for the victim C’s share, and KRW 47 million.

On November 30, 2012, the Plaintiff returned the remainder of the inherited property division amounting to KRW 143 million to KRW 100,000,000,000 from F and stored for victims, etc. at the I attorney office located in Songpa-gu Seoul, Songpa-gu, Seoul, to KRW 50,000,000,000,000 from the victims of the division of the victim’s inherited property, and KRW 47,00,000,000,000 from December 2012.

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