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1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) in excess of the amount ordered to be paid below.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. E (hereinafter “the deceased”) died on September 21, 2015. At that time, there was co-Plaintiff B, Defendant, G, and the first instance court co-Plaintiff C, the spouse of the Plaintiff A, G, and the deceased who died earlier than the deceased.
순번 일시 망인 명의의 출금(고)계좌 인출 이체액 또는 출고수량 평가액 비고 1 2015. 9. 23. 유안타증권 I 1,907,444,326원 1,907,444,326원 2 2015. 9. 23. 유안타증권 J 58,513,686원 58,513,686원 3 2015. 9. 23. 유안타증권 K 23,325,917원 23,325,917원 4 2015. 9. 23. 유안타증권 J 389,581,216좌 369,993,073원 갑 제22-3호증 5 2015. 9. 23. 유안타증권 K 108,910,892좌 102,071,288원 갑 제22-2호증 6 2015. 9. 23. 우리은행 L 200,000,000원 200,000,000원 7 2015. 9. 25. 유안타증권 J 6,193,557원 6,193,557원 8 2015. 9. 25. 유안타증권 M 17,779,417좌 17,804,662원 갑 제22-1호증 9 2015. 9. 25. 유안타증권 J AJ네트웍스 500주 21,225,000원 2016. 12. 28.자 피고준비서면 4면 센데이토즈 2,000주 30,900,000원 을 제66호증 10 2015. 9. 27. 우리은행 L 15,000,000원 15,000,000원 합계 2,752,471,509원
B. The Defendant from September 23, 2015 to the same year immediately after the deceased died.
9. Between the end of 27, without agreement with co-inheritors, withdrawal, transfer, or release of cash, funds, and shares from the deceased’s account without permission, and each market price at the time of the Defendant’s withdrawal is as indicated below.
(hereinafter “instant withdrawn amount”). C.
With respect to the above unauthorized withdrawal, the Defendant was indicted for forging private documents, uttering of falsified documents, fraud, fraud by using computers, etc., and was charged on January 1, 2017.
3. In the event of a false and half years of imprisonment, two years of suspended execution, and the event of forging private documents related to the withdrawal of KRW 370,000,000,000, not guilty (Seoul Central District Court 2017Gohap713), the prosecutor appealed, but the prosecutor appealed on June 14, 2018.