1. The Defendant’s KRW 40 million and KRW 30 million among the Plaintiff’s KRW 15% per annum from June 1, 2017 to the date of full payment.

1. Facts of recognition;

A. On November 2016, the Plaintiff lent KRW 30 million to the Defendant on May 31, 2017, and the interest agreement was not made.

B. On November 15, 2016, the Plaintiff remitted to the Defendant KRW 10 million, and KRW 16,000,000,000 to the Defendant respectively, and ③ on December 15, 2016, up to three copies of the KRW KRW 100,000 check to the Defendant at the post office’s home.

The defendant received and stored them.

(total amount of KRW 370,000,000,000,000 (hereinafter referred to as “storage”).

On February 2017, the Plaintiff requested the Defendant to return the custody money, but the Defendant rejected the request, thereby filing a criminal complaint against the Defendant.

On October 16, 2017, the prosecutor prosecuted the defendant as embezzlement.

(B) On May 24, 2018, the above court rendered two years imprisonment to the defendant on May 24, 2018, on the following grounds: (a) although the defendant received a request from the victim for return of KRW 370 million on February 26, 2017 while keeping the victim in custody, he/she consumed KRW 200 million with his/her mind in daily living expenses, etc. at the Busan Si Council, and rejected the return without good cause and embezzled it."

The defendant appealed to the above judgment and continues the appellate trial.

(Supplementary Grounds) Gap 2, 3, 4, 5, 13, 31, 32, Eul 1, and the purport of the whole oral proceedings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is the date following the delivery date of a copy of the complaint in this case as to the amount of KRW 30 million and KRW 370 million with the amount of KRW 40 million with the amount of KRW 370 million with the amount of loan KRW 15 million with the interest rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 1, 2017 to the date of full payment, and the damages for delay calculated as to KRW 370 million with the amount of KRW 370 million with the amount of custody from March 10, 2017 to the date of delivery of a copy of the complaint in this case.