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1. The Defendant shall pay to the Plaintiff 5% a year from February 13, 2014 to November 17, 2014, and complete payment from the next day.
Reasons
1. Facts of recognition;
A. A. Around March 2006, the Defendant entered into a partnership agreement with the Plaintiff to newly construct a building on the land in Seo-gu, Daegu and operate D Mart (hereinafter “D Et”). The Plaintiff invested approximately KRW 257 million, and the Defendant registered the business under the name of the Plaintiff and operated the instant Et while making a transaction under the name of the Plaintiff.
B. The Defendant demanded the Plaintiff to make an additional investment in early November 2006, but the Plaintiff concluded an agreement to terminate the partnership relationship with the defect that the Plaintiff is difficult to make any more investments, and to pay KRW 157,615,343 to the Plaintiff by February 28, 2007, but did not pay the said amount by the payment date.
C. After that, on August 27, 2007, the Defendant sold the instant marina to E with the amount of KRW 550 million, and then substituted by E’s succession to the obligation to pay KRW 140 million to the business operators in the instant marina, and then, received the remainder of KRW 410 million from E, and used KRW 157,615,343 out of that amount of KRW 157,615,343 on behalf of the Plaintiff without paying it to the Plaintiff.
On March 13, 2008, the Defendant was indicted for committing the above embezzlement, etc. (Seoul District Court Branch Decision 2008Dadan334, 1540 (combined)). In the criminal trial, the Defendant issued to the Plaintiff a copy of the KRW 20 million check at face value and agreed to prepare the loan certificate of KRW 100 million (Evidence A; hereinafter “the loan certificate of this case”) and KRW 40 million on February 12, 2014, respectively. On April 2, 2009, the above court sentenced the Defendant to imprisonment with prison labor for one year and six years and suspension of execution for three years, taking into account the circumstances that the Defendant agreed that the amount of damage exceeds KRW 150 million and only the victim and the prosecutor did not file an appeal. The above judgment became final and conclusive at that time.
(hereinafter referred to as "relevant criminal case"). [The grounds for recognition] does not dispute.