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1. Defendant C’s KRW 188,924,526 as well as its annual 6% from August 20, 2014 to December 7, 2017, and the following.
Reasons
【Plaintiff’s Claim against Defendant C】
1. The description of the claim is as shown in the annexed sheet of claim(s) and “the changed cause of claim(s).”
2. Judgment on deemed confession based on recognition (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act)
1. The Plaintiff is a corporation that runs the fish farming and the fish wholesale business, and the Defendants are those who run the fishery products distribution business, such as the fish farming in the trade name D.
From January 2014, the Plaintiff has continued to engage in the distribution transaction between D and D in the operation of the Defendants.
In around 2015, the Defendants filed a criminal complaint against Plaintiff E with the Plaintiff’s president (Fraud) - The Defendants asserted that “D supplied the Plaintiff with 897,012,00 won from January to July 2014. The Plaintiff’s president paid only KRW 782,694,00 as long as the Plaintiff’s president paid KRW 782,694,00 as long as the remainder of KRW 100 million was not paid.”
- The prosecutor, around December 2015, issued a non-prosecution disposition to E on the ground that there is a lack of evidence of the criminal intent to defraude E.
- On the other hand, around May 2016, E was prosecuted for a crime such as fraud against the victim F (a suspicion that he/she was aware that he/she would pay a charge without intention or ability to pay the charge on or around April 2014; a suspicion that he/she received a charge equivalent to KRW 182.6 million from the victim by deceiving the victim to supply the charge without intention or ability to supply the charge to the victim on or around June 2014; ② fraud against the 19 fishery products distributor (a suspicion that he/she sold the imported charge to the fishery products distributor in Korea), etc. (a suspicion that he/she sold the imported charge to the fishery products distributor in a foreign language) and received a criminal trial; the court of first instance convicted him/her of the charge; ② acquitted him/her on the charge, and acquitted him/her on the charge; and both of the above cases as at the present appeal.