대여금
1. The plaintiff's appeal against the defendants and the plaintiff's addition at the trial court against defendant B and defendant C.
1. The reasoning for the court’s explanation on this part is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
The following shall be added between the two pages 20 and 21 of the judgment of the first instance:
On November 22, 2012, H representing the Plaintiff submitted a written estimate of KRW 11,437,00,000 to the Defendant Company in order to receive a contract for the remaining construction among the new construction works in the instant case suspended by F on November 22, 2012." In Part 21 of the first instance judgment of the first instance, “C” is deemed as “D.”, “Defendant B Co., Ltd. (hereinafter “Defendant Company”)” in Parts 2 and 3, as “Defendant Company”, and “D.” in Part 3, as “Ma.”
The following shall be added between the third, third and seventh of the judgment of the first instance:
“F. Defendant C was sentenced to seven years of imprisonment on June 12, 2019 (Seoul Central District Court 2018Gohap1220) on the grounds of the criminal fact that “the Defendant withdrawn the funds of the Defendant Company as the representative director’s short-term loan and embezzled such funds by using them individually)” and the Defendant C appealed, but the judgment dismissing the appeal was rendered on December 17, 2019 (Seoul High Court 2019No1481, hereinafter “related criminal case”).
(ii)in Part III of the judgment of the first instance court, the phrase “B No. 2” shall be read as “each entry in the evidence No. 2, 8, and 13”.
2. Determination as to the claim of KRW 520 million
A. The Plaintiff’s assertion 1) The primary claim is as follows: (a) the Plaintiff leased KRW 520 million to Defendant C through H on February 8, 2013; and (b) Defendant C is obligated to pay the Plaintiff the loan amounting to KRW 520 million and the damages for delay.
B. Preliminary claim, even if the amount of KRW 520 million was paid according to the settlement agreement concluded between H representing the Plaintiff as alleged by Defendant C and the Defendant C or the Defendant Company, such settlement agreement may be concluded.