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1. The Defendant: 14,238,601 won to the Plaintiff (Appointed Party); 15,563,517 won to the Appointed C; and 5,509,922 won to the Appointed.
Reasons
1. Fact-finding;
A. From July 2010 to February 2011, the Plaintiff (designated parties; hereinafter referred to as the “Plaintiffs, etc.”) and the remaining designated parties indicated in the name group of the designated parties (hereinafter referred to as the “Plaintiffs, etc.”) and K subcontracted the construction of the “Lpent” construction from Defendant Lpent’s owner and the “construction business entity of the Lpent”) in the NAYYYN from July 201 to February 201 and completed the construction work.
However, the plaintiff et al. and K have not received the construction cost.
(However, in the case of a selected person C, the decedent C subcontracted the new construction work, and the O dies and C became the heir of the property as follows:
B. The Plaintiff, etc. and K agreed that K received the construction cost by means of filing a civil criminal lawsuit against Defendant and M on behalf of the Plaintiff, etc., and then distribute it to itself, the Plaintiff, etc.
C. K filed a complaint against the Defendant and M in fraud with the delegation by the Plaintiff, etc.
Plaintiff
K represented by agent, etc. agreed with the defendant, at the presence of the prosecutor in charge in the investigation process, as follows:
In other words, the Defendant agreed to the effect that “K and the Plaintiff, etc. shall pay the construction cost of KRW 1.6 million to the Defendant in relation to Lpention. The Defendant shall pay the said construction cost of KRW 1.6 million to K and the Plaintiff, etc. by December 31, 201 (the instant agreement).”
(A) The Defendant asserted that K did not have the authority to act on behalf of the Plaintiff, etc., but does not accept the instant agreement on behalf of the Plaintiff, etc.
D. K received KRW 78 million from the Defendant in accordance with the instant agreement, and the amount that the Defendant was currently not paid is KRW 82 million.
(1.60,000 won limit, while K voluntarily consumes KRW 78 million on behalf of the plaintiff et al., and is convicted of embezzlement. E.
Plaintiff
The amount agreed to distribute the above KRW 82 million among others according to their respective construction work details shall be KRW 14,238,601, KRW 15,563,517, and KRW 45,509.