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(영문) 서울중앙지방법원 2016.01.21 2015가합549866
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the respective entries and arguments set forth in Gap evidence 1-1 and No. 2-1.

Plaintiff

B, C, D, E, and F are children of Plaintiff A and the deceased H (hereinafter referred to as “the deceased”), and the Defendant is the former husband of Plaintiff D.

The Deceased died around December 30, 2009.

B. The Defendant promoted the development project (hereinafter “instant development project”) to sell a total of 11,317 square meters of the land size of 14 square meters, including the land size of the deceased and the Plaintiff, which were owned by the deceased and the Plaintiff A (hereinafter “instant land”), and arbitrarily consumed part of the purchase price, etc. of the instant land kept by the deceased and the Plaintiff A from around 2006 to 2008.

C. After that, the defendant recognized the above embezzlement, on March 5, 2009, prepared and sent to Plaintiff F the following notes (hereinafter “each of the instant notes”).

G H A G

2. Determination as to the cause of action

A. The plaintiffs' claims are acknowledged as embezzlement of KRW 320 million by the preparation of the letter of this case and agreed to repay it. Thus, the plaintiff's 196,923,075 won [1/200,000 won = 320 million won + [320,000 won + 3/26 (per 1/2 + 3/26 (per 3/13) of shares inherited from the deceased)], but less than KRW 196,923,076 on the calculation of forest below KRW 196,923,076, but as the plaintiffs' claims are alleged], each of the other plaintiffs 24,615,385 won [per 320,000 won x 320 million x 26 (per 1/2 x 22/13)], and the shares inherited from the deceased x 2/26 (per 24,615,384 won as alleged by the plaintiffs.

and each of the damages for delay shall be liable to pay them respectively.

B. Each of the instant judgments stated in the following: “The Deceased himself/herself embezzled and misappropriated KRW 30 million while engaging in development projects as a land development agent owned by the Deceased Plaintiff A.

However, if the amount of embezzlement is exceeded, it will be paid in cash immediately. If the promise is not fulfilled, any punishment shall be imposed.

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