대여금
1. The defendants shall be jointly and severally 85,00,000 won and 5% per annum from August 7, 2009 to July 14, 2020.
1. Under the facts charged, Defendant C was indicted at the Gwangju District Court on the charge that he received KRW 115,500,000 in total nine times until August 29, 2008, including borrowing KRW 30,000 from the Plaintiff on January 10, 2008, by making a false statement to the Plaintiff even though he did not have the intent or ability to repay, and received a total of KRW 115,50,000 from the Plaintiff.
(hereinafter referred to as “instant criminal case.” Defendant C acknowledged the facts charged at the first instance court of the instant criminal case, and the Plaintiff filed an application for compensation order against Defendant C in the instant criminal case.
In the Gwangju District Court Decision 2009Da527, 726, and 806 (Consolidated) decided May 1, 2009 (hereinafter “instant criminal case first instance judgment”), Defendant C was sentenced to imprisonment for 10 months and imprisonment for two months due to the above criminal facts, etc., and was ordered to pay the Plaintiff KRW 115,50,000 to the Plaintiff.
On August 6, 2009, Defendant B, a punishment of Defendant C, repaid to the Plaintiff KRW 30,000,000, out of KRW 115,000,000, which was acquired by the Defendant C, and paid to the Plaintiff the remainder of KRW 85,00,000,00, which was the joint and several liability of the Defendant B, prepared and delivered to the Plaintiff a cash loan certificate for the joint and several liability of the Defendant C, and submitted it to the appellate court of the said criminal case upon
Defendant C denied the criminal intent of defraudation in the appellate trial of the instant criminal case, but the assertion was not accepted. However, on the grounds that the Plaintiff agreed with the Plaintiff, etc., the judgment of Gwangju District Court was sentenced to imprisonment with labor for a minor period of seven months and imprisonment with labor for one month in the first instance judgment of August 14, 2009, and the Plaintiff’s request for compensation order was dismissed on the ground that the agreement was reached in the appellate trial.
Defendant C appealed against the above appellate judgment, but the appeal was dismissed.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings
2. The above-mentioned basic facts and arguments as to the cause of the claim.