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1. The Plaintiff:
A. Defendant B shall be entitled to KRW 162,856,69 within the scope of the property inherited from the network E, and shall be entitled to KRW 162,856,69.
Reasons
1. Facts of recognition;
A. On February 22, 2016, E prepared and delivered to the Plaintiff a written statement stating that “A person, while working as a person in charge of the management of the Plaintiff, arbitrarily uses 380,000,000 won of the Plaintiff’s public funds to lend them to the realization of a stock company without the Plaintiff’s approval, thereby causing damage to the Plaintiff, and the amount that he/she has misappropriated (Embezzlement) shall be liable and repaid until October 31, 2016, and shall bear all civil and criminal responsibilities if he/she fails to repay.”
B. On May 27, 2016, E deceased on May 27, 2016, and jointly succeeded to the rights and obligations of the deceased E with the shares of 3/7 of Defendant B, his spouse, and Defendant C and D, their respective 2/7 shares.
C. On June 23, 2016, Defendant B filed a petition for a trial on the limited acceptance of inheritance with the Busan Family Court 2016-Ma2258, and the said report on the qualified acceptance was accepted on July 22, 2016. Defendant D filed a petition for a trial on the limited acceptance of inheritance with the Busan Family Court 2016-Ma20270 on August 11, 2016, and filed a petition for a trial on the limited acceptance of inheritance with the Busan Family Court 2016-Ma20270 on November 18, 2016.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. According to the facts of the determination as to the cause of the claim, within the scope of the property inherited from the deceased E, Defendant B’s claim amounting to KRW 162,857,142 (=380,00,000 x 3/7,000 x 162,856,600 for the Plaintiff’s claim, and Defendant C’s claim amounting to KRW 108,571,428 (=380,000,000 x 2/7) within the scope of the property inherited from the deceased E; Defendant D’s claim amounting to KRW 108,569,80; KRW 108,571,428 x 380,000 x 3/700 x 16,000 x 208 x 1,000 x 208 x 1,008 x 1,008 x 208 x 1,081