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(영문) 인천지방법원 2014.06.13 2013고정4612

위증등

Text

The defendant shall be innocent.

Reasons

1. The Defendant and C, on May 3, 201, appeared as a witness of the case of the claim for repayment of loans (Plaintiff D and Defendant E) from the Incheon District Court No. 409, Nam-dong, Incheon District Court of Law No. 409, the Nam-gu, Incheon District Court of Law No. 2010Gahap2299, and testified after oath.

The above civil procedure had been carried out by D from May 2008 to September 2009, by lending KRW 100 million to F (the representative: the Defendant) of the Company F, and F, from May 24, 2004 to October 2010, was operating the “H gas station” in Nam-gu Incheon Metropolitan City, which was operated by F, but E was filed against E, a transferee of the said H gas station since it was operated by F from October 12, 2010.

In fact, when F Co., Ltd. operates the above H station, it entered into a lease agreement with Defendant C, which is the owner of the site and building of the gas station, and it paid to Defendant C a normal monthly rent.

Nevertheless, Defendant A filed the above civil lawsuit by F, a creditor of F, and the Defendant and C lawfully terminated or terminated the lease contract between the Defendant and C on the grounds that the lease contract between the Defendant and C was an independent lease contract and the transfer business of F, which was concluded thereafter, was not succeeded to E. Furthermore, Defendant A knew that all the lease deposit of F, a corporation F, was extinguished, with a view to eliminating the possibility of executing the lease deposit of D in the future, Defendant A made a false testimony for the same purpose by instigating C, and the Defendant voluntarily present himself as a witness and made a false testimony.

Before C was present as a witness in the above civil procedure, the Defendant includes matters to be asked by the attorney and questions with respect to C at the above HH station.