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1. The Defendants jointly share the Plaintiff KRW 45 million, and Defendant B and C with respect thereto, respectively, from October 21, 2017, and Defendant.
Reasons
1. Facts of recognition;
A. The Defendants are co-representatives of the Emergency Countermeasure Committee organized by 22 households, owners of land and housing (hereinafter “non-Subrogation”), and the Plaintiff is a non-Subrogation member, and Pakistan Co., Ltd. (hereinafter “Pati”) is an executor of the urban environment improvement project in order to resolve issues, such as compensation, relocation, etc. for real estate incorporated into the Mapo-gu Seoul Mapo District F and G District (hereinafter “project district”).
B. On December 13, 2010, the Defendants: (a) between Pakistan on December 13, 2010, on the condition that non-Subrogation members shall deliver land and housing within the project district to Pakistan by the end of April 2011; (b) on non-Subrogation payment of KRW 925,00,000,000; and (c) the Defendants, the representative of non-Subrogation, agreed to set the individual amount of KRW 22,000,000,000, and accordingly, (c) submitted to Pakistan an individual amount list, including the payment of KRW 50,000,000 to the Plaintiff.
C. By September 30, 201, Pakistan paid to the Defendants KRW 634,621,030,000 as stipulated in the above agreement, by paying to the Defendants the amount of KRW 925,00,00,000, excluding the deposit, part of the agreement, etc. directly paid to the lessees instead of non-Subrogation members.
However, during the period from June 10, 201 to November 16, 2011, the Defendants received the above 634,621,030 won, and were arbitrarily used by eight non-Subrogation members, including the Defendants, for the construction of a new building to live.
The Defendants were indicted as a crime of occupational embezzlement (a crime of embezzlement in collusion with the said money kept in office for 22 non-Subrogation members) and were convicted on February 17, 2016 in both the Seoul Western District Court Decision 2014Da2433, 2015Kadan1636 (Joint). The Defendants appealed, however, on August 25, 2016.