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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter referred to as “C”) is a company that mainly deals with non-performing loans (loan claims secured by real estate, the debtor's repayment of principal and interest of which is overdue, Non-form Trading, and investment business.
C’s representative director from July 15, 2013 to July 5, 2016 was D, but the Defendant, as an internal director and actual operator, has overall control over C’s financing management, employee management, and the conclusion and approval of the bond acquisition agreement with investors.
B. As to the right to collateral security (hereinafter “instant claim”) in the case of voluntary auction proceedings pending with the Daejeon District Court F of the Daejeon District Court among the non-performing claims of Co., Ltd. (hereinafter “E”), the Defendant and the Plaintiff and G have the instant claim C. When paying the down payment, etc. equivalent to 20% of the said claim price, the Defendant would pay the profits within five to seven business days from the date of distribution of the said auction case.
Accordingly, on November 12, 2014, the Plaintiff and G entered into a claim acquisition agreement with C to pay the transfer price of KRW 175,000,000 among them on the instant claim, and KRW 35,000,000 among them, and Plaintiff 15,000,000, G20,000 on the same day paid KRW 35,00,000 in total on the same day.
C. The said auction case was completed on April 8, 2015, but the Plaintiff was not paid dividends or settlement money to the present.
The defendant was prosecuted by the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), such as Seoul Central District Court 2015 High Court 2015 High Court 1245, 2016 High Court 328 (Joint) and was sentenced to a partial conviction from the above court on December 7, 2017.
Of the facts charged in the above judgment, "the defendant established C, and the non-performing loans of financial institutions such as H Bank and I Bank from November 2013.