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1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, KRW 50,00,00,00 and each of the above amounts.
Reasons
1. Basic facts
A. The Plaintiff club is a non-profit organization established for the purpose of friendship and service among its members. Defendant B is a person who served as an office manager in D, E, F, G, and H using the Plaintiff club and the Plaintiff club and the office together, and Defendant C is a person who served as the former president of D.
B. Defendant B filled up a letter of intent on September 20, 2018 that “I would return KRW 16,510,000 among the useful money until September 30, 2018, and KRW 66,463,000 from October 31, 2018, and will be held liable for civil and criminal liability when I would not perform his/her duties.”
C. Defendant B transferred KRW 50,00,000 from the account of the Plaintiff’s club it manages to the Defendant C’s account on December 7, 2016, and KRW 5,000,00 on May 16, 2017, and KRW 20,25,000,00 on December 20, 2017, to the Defendant C’s account. On January 12, 2018, Defendant B transferred KRW 20,004,882 to the Defendant C’s account via I’s account.
[Reasons for Recognition] A’s 1-2, A’s 2, A’s 4-6, A’s 13-13, the witness J’s testimony, and the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff 82,973,000 won and damages for delay at each rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, which is the last day of service of a copy of the application for modification of the claim filed by the Plaintiff from January 13, 2018 to September 23, 2019, which is the last day of service of the application for modification of the claim filed by the Plaintiff.
3. As to the claim against Defendant C, the Plaintiff was aware of the fact that Defendant C embezzled money in the Plaintiff’s club and remitted money to Defendant C, and Defendant C knew, that Defendant C received the total sum of KRW 50,504,882 from the Plaintiff’s account with unjust enrichment = 500,000 on December 7, 2016, 200 on May 16, 2017, KRW 5,000,000 on December 20, 2017.