1. Defendant D:

A. The Plaintiff 34,319,591 won and the interest rate of 15% per annum from April 11, 2017 to the date of full payment.

1. Basic facts

A. The Plaintiffs and Defendant D are children of the deceased F (Death on October 12, 2015, hereinafter “the deceased”), and Defendant E is the husband of the deceased’s fraud (G).

B. The Deceased created the Plaintiffs, G, and Defendant D between the former wife H (Death on February 22, 1981) and the former wife H, and the deceased and the deceased resumed on December 13, 1994 after H’s death.

Property of the Deceased was inherited by the Plaintiffs, G, and Defendant D, respectively, 2/13 shares, and 3/13 shares by I.

C. On April 28, 2015, Defendant D sold KRW 809,400,000 for the instant commercial building (hereinafter “instant commercial building”) at KRW 105 (hereinafter “instant commercial building”).

From April 29, 2015 to October 15, 2015, Defendant D withdrawn KRW 418,077,342 by either withdrawing cash from the deceased’s account (K, Pyeongtaek-si post office account, L, Industrial Bank account M, P, P, and P, P, etc.) or transferring money from G, Defendant D, andO (Defendant D’s wife) to each account, and paid the sales price of the instant commercial building.

Defendant D withdrawn KRW 360,00,000, out of the above withdrawal amount before the Deceased’s death, and the remaining KRW 50,077,342, which was after the Deceased’s death, transferred the said amount to the account in the name of the wife on October 15, 2015.

With respect to the transfer of KRW 50,077,342, the Plaintiffs appealed Defendant D as larceny.

E. Meanwhile, Defendant E received KRW 80 million from the Deceased on March 16, 2012.

F. Defendant D transferred KRW 30 million to the Plaintiff on May 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including each number), Gap evidence 12-2, Eul evidence 7-1, Eul evidence 14, the purport of the whole pleadings

2. The parties' assertion

A. Defendant D embezzled KRW 418,077,342 of the deceased’s money through the method of opening an authorized certificate under the name of the deceased before the deceased’s death and transferring it to his own account. Accordingly, Defendant D embezzled the money of the deceased’s money to the Plaintiff B and C out of the deceased’s damage liability (2/13 corresponding to 64,319).