청구이의
1. Each of the plaintiffs' claims is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court 2014 Chicago602, the Court shall have jurisdiction over such case.
1. Basic facts
A. A criminal judgment against Plaintiff A 1) Plaintiff B (hereinafter “B”)
(2) On May 15, 2009, Plaintiff A, in collaboration with Nonparty C and D, was suspected of theft of approximately KRW 1,34,857,858 of the market price of LPG owned by the Defendant habitually from June 7, 2007 to April 22, 2009, and was charged with C and D with committing a criminal trial (hereinafter “instant criminal trial”) due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) committed by the U.S. District Court 2009 Man-Ma82, May 15, 2009 (hereinafter “instant criminal trial”).
(2) On November 29, 2009, the above court was convicted of the theft of approximately KRW 1,352,268,898 in the amount of LPG owned by the Defendant from July 21, 2007 to April 19, 2009, and sentenced the Plaintiff A to a three-year imprisonment with labor. The Defendants including the Plaintiff A and the Prosecution appealed filed an appeal with the Ulsan District Court No. 2009No1353, Jan. 29, 2010; however, the appellate court accepted only part of the appeal against unfair sentencing by the Plaintiff, etc. on January 29, 2010, and reversed the judgment of the first instance court and sentenced the Plaintiff to a two-year suspension of the execution of imprisonment with labor for the Plaintiff A, and the above judgment became final and conclusive on April 29, 2019.
B. On September 15, 2009, the Plaintiff A agreed with the Defendant on September 15, 2009, where the criminal trial of the instant first instance was pending (hereinafter “instant agreement”), and the Plaintiff B jointly and severally guaranteed the Plaintiff’s obligation under the instant agreement on the same day.
1. Eul (Plaintiff A) acknowledges all the facts charged in the indictment (limited to the part B), and additionally pays 400 million won within two months from the time this agreement was reached, in addition to 802,205,443 won already deposited, and Gap (Defendant) shall enter into a criminal agreement with Eul on the condition that both the above deposit money and 400 million won are received, and Gap shall not be punished.
2. The above agreement is criminal.