beta
(영문) 서울북부지방법원 2019.05.16 2019고정532

위증

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around December 9, 2016, the Defendant, a de facto operator of Company B (hereinafter “instant company”), received the “E-sowing Power Station Construction Work” from Company D from Company D in the amount of KRW 396,00,000,000; however, the starting date shall be December 9, 2016; the starting date shall be June 8, 2017; the starting date shall be June 8, 2017; the down payment shall be KRW 50,000,000 shall be paid within three days from the date of issuance of the contract deposit; and the permission for development shall not be granted in the event that the contract is returned in the total amount of KRW 50,00,000.

(hereinafter “instant contract”). Around December 15, 2016, the Defendant entered into a guarantee insurance policy with F Co., Ltd. to guarantee the payment of KRW 50,000,000 of the down payment to be returned if the Defendant did not perform the physical work stipulated in the instant contract, and issued the said guarantee insurance policy to D via C.

Around December 22, 2016, the Defendant received KRW 50,000,000 as down payment from the account under the name of the instant company, but did not perform the obligation stipulated in the instant contract by June 8, 2017, including the date of completion of development activities, and D was paid KRW 50,00,000,00 from the F Co., Ltd. on August 22, 2017.

On August 24, 2017, the Defendant filed a lawsuit seeking confirmation of the existence of an obligation, asserting that the instant contract was not liable under the instant contract, and that there was no debt incurred under the rescission of the instant contract, since the instant contract was concluded without authority by C in the name of the original district court in Chuncheon District Court.

On April 25, 2018, the Defendant appeared and taken an oath at the date of pleading of the above case, which was held in the Jeju District Court's Jeju District Court's Jeju Branch Branch, on April 25, 2018, during the said litigation for the confirmation of existence of the said debt (Scheon District Court's original Branch Branch 2017Gadan36108), as a witness.