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(영문) 서울중앙지방법원 2018.11.28 2017나67188
채무부존재확인
Text

1. The Defendant (Counterclaim Plaintiff) filed an appeal against the Chion Capital Co., Ltd. and the Defendant (Counterclaim Plaintiff) filed by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons for this part of the underlying facts are as stated in the corresponding part of the reasoning of the judgment of the first instance, except for the addition or correction as follows. Thus, this part of the underlying facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between the third and fourth of the judgment of the first instance:

Defendant DB paid KRW 105,741,900 for the instant goods to C (E) on March 9, 2016, and C transferred the instant goods to the Plaintiff on the same day.

B. The following is added between the fourth and second of the judgment of the court of first instance.

E. D was prosecuted on June 30, 2017 for the criminal facts, such as “D, by deceiving the victim of the victim’s Orcion and transferred KRW 105,469,200 to the account of E bank in a de facto marital relationship with D as the price for the instant goods from the victim’s Orcion on April 11, 2016, and acquired it by fraud,” and D was sentenced to a conviction of imprisonment on December 21, 2017 from May 31, 2017, and was already tried to be convicted of the crime of fraud, and D was also tried to consolidate the aforementioned case with D’s High Government Branch for the District Court for fraud from May 31, 2017 to 2017, 2017, 2017Da1529, 1724, 1724, 183 (Joint) and 183 (Joint).

On December 21, 2017, the above assistance was sentenced to imprisonment for four years and six months, recognizing that all criminal facts of D were guilty.

Accordingly, D appealed to the District Court 2018No105, and the sentence was partially mitigated, and the District Court sentenced D to four years of imprisonment on April 24, 2018;

On June 29, 2018, the appeal filed by D on June 29, 2018 (Supreme Court Decision 2018Do7332) was dismissed, which became final and conclusive.

C. The fourth, second, and third parts of the judgment of the court of first instance are corrected as follows.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 5, Eul evidence 1, Eul 1.

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