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1. The Defendant’s KRW 80,093,687 as well as 5% per annum from June 27, 2019 to December 12, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. As the representative director of C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the Defendant applied for a payment order claiming KRW 3,400,000 against D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on behalf of the said Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and issued the said payment order on September 25, 2013 and became final and conclusive.
On November 18, 2013, the Defendant Company received a collection order for the seizure and collection of the debt amount of KRW 3,457,938,100 among the loan claims against the Plaintiff of the non-party Company upon the above payment order.
B. The Defendant Company filed a lawsuit against the Plaintiff for the aforementioned collection amounting to KRW 3,457,938,100 as the court’s 2014Gahap102792, and damages for delay.
In that case, on January 30, 2015, the non-party company means the Plaintiff (hereinafter referred to as the Plaintiff) Company A.
3) Of the loan debt 3,487,265,050 won to the above company, 20% of the remainder 1,597,059,054 won, excluding the remainder 1,890,205,996 won, which was provisionally attached by the creditor of the non-party company (=3,487,265,050 won - 1,890,205,996 won), 319,411,811 won (=1,597,059,059,054 won x 20%) to the above company on the same day on the grounds that the plaintiff exempted the debt 1,597,059,054 won, which was provisionally attached by the creditor of the non-party company (i.e., 3,487,487,265,050 won - - 1,059,759).
However, the defendant argued that the "Agreement on Partial Repayment of Obligations and Exemption" was forged in the above case, although the non-party company knew of such circumstances as representative director of the above company at the time of exemption from part of the debt borrowed to the plaintiff.
C. On June 21, 2018, the Defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for one year, for the following reasons: (a) the Defendant was deemed to have committed a crime of attempted fraud by Ansan Branch of Suwon District Court 2016 Godan1569.
The defendant and the prosecutor appealed against this, but March 27, 2019.