beta
Text
1. Of the judgment of the court of first instance, the following portion concerning Defendant Incorporated Company B shall be paid:
Reasons
1. Determination as to the claim against the defendant B
(a) In full view of the facts of recognition Gap's evidence Nos. 1, 2, 5, 10 to 14, Eul's evidence No. 1, Eul's testimony and the whole purport of oral argument, the following facts are recognized:
1) D From around 2011 to September 2013, 2013, agricultural products (hereinafter “instant products”) such as drilling, dancing, and distribution with H, the location of the Defendants, Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “instant products”).
(2) The Plaintiff supplied the Plaintiff. (2) The Plaintiff: (a) invested the purchase price of agricultural products, such as drilling and dancing, with D; (b) agreed that D traded the said agricultural products and distributed the net profit; (c) invested KRW 57,500,000 from October 23, 2012 to November 2, 2012; and (d) D did not properly pay the Plaintiff the investment profit; and (b) filed a criminal complaint against D on suspicion of fraud.
3) On December 17, 2013, D brought a change in the police station to the effect that as to the suspicion of the above fraud, D did not receive KRW 100 million from the Defendants, the remaining amount of the goods was not paid to the Plaintiff. 4) After December 21, 2013, D requested F, the representative director of Defendant B, to create false documents as if D’s claim for the remaining amount of the goods remains at KRW 100 million. Accordingly, F prepared and issued a false ledger of the Customer (Evidence A) as if D’s claim for the remaining amount of the goods remains at KRW 99,475,00,00.
5) On December 26, 2013, D presented to the police president of the said transaction partner who was examined with the Plaintiff on his behalf, and made a statement to the effect that D did not receive KRW 99,475,00 from Defendant B’s payment of the remainder of goods. The police officer in charge contacted F’s mobile phone. At the time F was “The obligation to pay the remainder of the goods to Defendant B was KRW 99,475,00,00, which was not paid as the financial resources of Defendant B due to the decline in agricultural product prices, etc., and was not sent by facsimile to D.” The above statement was made by the Plaintiff and D together.