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(영문) 인천지방법원 2015.12.01 2015나53445
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff was convicted of a criminal fact that "the plaintiff, in collusion with D, engaged in the act of receiving investment money and without delay by inducing investors, including the defendant, by selling 10,000 won per share of listed stocks in collusion with D in operating the corporation C (hereinafter referred to as "C"), and the judgment of conviction was finalized on April 28, 2004 [the Incheon District Court Decision 2001Da582, 2002Da138, Seoul High Court 2003No715, 2003Do7428, hereinafter referred to as "the criminal judgment of this case]. The defendant's investment money recognized in the criminal judgment of this case was made on August 16, 200.

9.5.5 million won, 30.20 million won in the same month, 20 million won in the same year, 10.5.2 million won in the same year, 2.2.2 million won in the same year, and 12.5 million won in the aggregate on March 12, 2001.

B. The Defendant’s husband E claimed that “The Defendant lent a total of KRW 200 million to C, E also lent KRW 100 million, and C prepared a loan certificate to pay KRW 300 million in total to E around March 21, 2001,” and filed a loan claim lawsuit against C, etc., and on April 16, 2004, the Defendant’s husband E was sentenced to “C jointly with D, and jointly with D, pay KRW 300 million and delay damages therefor,” and the above judgment became final and conclusive at that time.

[The preceding judgment of this case (hereinafter "the preceding judgment of this case")] of Incheon District Court 2002 Gaz.1976, 2003 Gaz.1045, hereinafter "the preceding judgment of this case").

On May 31, 2004, immediately after the judgment prior to the instant case became final and conclusive, the Defendant filed an application for payment order against the Plaintiff and H (the Plaintiff) on May 31, 2004, stating that “The Plaintiff, while changing trade names several times with H, C, I, and J, deceiving the Defendant as if G shares of the Co., Ltd. would amount to a wide width, etc., and let the Defendant purchase KRW 7500 per share shares of the Co., Ltd. from the Plaintiff, etc. (the total of KRW 75 million).”

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