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1. The Plaintiff:
A. Defendant B’s KRW 48,413,137 as well as 20% per annum from January 23, 2010 to July 26, 2020.
Reasons
1. In the Embezzlement case between the Plaintiff and the Defendants of Gwangju District Court 2010Kadan3624, the decision of recommending reconciliation was finalized on July 2010 on June 14, 2010 with the following contents:
By July 15, 2010, Defendant B shall be paid KRW 48,413,137 to the Plaintiff, and if the above Defendant fails to perform the above payment obligation within the above period, it shall be additionally paid an amount equivalent to 20% per annum from January 23, 2010 to the date of full payment, and Defendant C shall be jointly and severally paid KRW 25,00,000 out of the above amount with Defendant B, and if the above Defendant fails to perform the above payment obligation within the above period, it shall be additionally paid an amount equivalent to 20% per annum from January 23, 2010 to the date of full payment.
The Defendants did not pay to the Plaintiff the money set forth in the said settlement recommendation by July 15, 2010.
[Reasons for Recognition] The assertion of confession, the purport of the whole argument
2. The suit in this case was filed for the extension of the extinctive prescription period of the claim based on the above reconciliation recommendation decision after ten years have elapsed since the above reconciliation recommendation decision became final and conclusive. According to the above reconciliation recommendation decision, from January 23, 2010 to July 26, 2020, the delivery date of a copy of the complaint in this case sought by the plaintiff from January 23, 2010 to July 26, 2020, the amount equivalent to 20% per annum as set forth in the above Reconciliation recommendation decision, and the interest rate of 12% per annum as claimed by the plaintiff from the next day to the date of full payment. Defendant C is jointly and severally and severally with Defendant B to pay 25 million won among the above amounts, and from January 23, 2010 to the date of delivery of a copy of complaint in this case sought by the plaintiff from July 26, 2020 to the date of full payment.
Therefore, the plaintiff's claim of this case shall be accepted for the reasons and it is so decided as per Disposition.