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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. Payment agreement in kind and the defendant's breach of trust 1) The defendant is a corporation D (hereinafter "D") from March 29, 1991 to December 1, 1999.
2) Around April 1996, D agreed to pay in kind 5 households and 4 households in apartment units and 4 households in commercial buildings (G stores Nos. 101, 102, 103, 104, hereinafter referred to as “each of the instant commercial buildings”) newly constructed on the ground of Gyeonggi-gu, E Co., Ltd. (hereinafter referred to as “E”) in lieu of performing the obligation of construction cost.
3) On October 9, 1997, the Defendant, a representative director, created a joint collateral on each of the instant shopping districts owned by D in the Korea Housing and Commercial Bank, as to the maximum debt amount of 650,000,000, and on May 26, 1998, a joint collateral on each of the said five households, which is 260,000,000 of the maximum debt amount. (B) At the time the sale price of each of the instant shopping districts was established, the sale price of each of the instant shopping districts was as listed below. At the time of establishing the said collateral security, the unit price of each of the instant shopping districts was as listed in the table below. The unit price of each of the instant shopping districts was the aggregate sale price of Nos. 101,891,500,891,500,916,700,706, 301, 306, 305,800
C. A and the Defendant’s agreement 1) The Defendant was indicted on March 10, 2004 by Seoul Eastern District Court 2004Kahap62, and was under criminal trial on the charge of breach of trust as stated in the above paragraph A (hereinafter “the instant criminal trial”).
2) On August 23, 2004, the Defendant and the Defendant transferred ownership of each of the instant commercial buildings to a person designated by A, and immediately cancel the right to collateral security of KRW 650,00,000, which is currently established in each of the said commercial buildings. ② As compensation for damages to five households of the said apartment building already disposed of, KRW 100,000,000 shall be paid immediately, and among them, KRW 20,000,000 shall be paid immediately, and KRW 5,00,000,000 on September 10, 2004, and KRW 5,000,000,000 on September 30, 200, and KRW 70,000 on August 30, 2005, and KRW 300,000,000 on August 30, 205, and at the same time, A shall make a written agreement and withdraw the criminal complaint against the Defendant.