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1. As to the Plaintiff’s KRW 868 million and its KRW 324 million, the Defendant shall be from March 18, 2013 to KRW 158 million.
Reasons
1. Basic facts
A. On May 19, 201, the Plaintiff newly constructed a D building in Gwangju Dong-gu, Gwangju (hereinafter “instant building”) and delegated the sales of the building and the receipt of the price to the Defendant.
(hereinafter “instant delegation”). (b)
According to the instant delegation, the Defendant sold the instant building 301 billion won to E on February 19, 2013, and sold the said building 105 and 202 to F in KRW 310 million, respectively, and received payment of KRW 450 million from E on March 18, 2013, and used KRW 324 million out of E, and paid KRW 279 million from F on March 20, 2013, as the Defendant’s personal business investment and living expenses.
After selling 101 billion won of the instant building to G on April 12, 2013, the Defendant received payment of KRW 650 million from G on April 16, 2013, and used KRW 386 million of that month as the Defendant’s personal business investment and living expenses.
C. As above, the Defendant was indicted under this Court 2015Gohap375 due to the crime of embezzlement of a sum of KRW 868,800,000,000, and was sentenced to four years of imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on August 12, 2016.
[Ground of recognition] Facts without dispute, Gap 1 through 6, 8, 9, 10, 12 through 18, Eul 1, 3, 4, 7 and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant embezzled KRW 868 million out of the sale price of the building of this case kept for the plaintiff according to the delegation of this case, and thereby, caused damage equivalent to the same amount to the plaintiff.
Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above KRW 868.8 billion and damages for delay from the date of embezzlement of each purchase price.
B. The defendant's assertion is determined as to the sale price at the time of delegation of this case.