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1. As to Defendant C and D’s KRW 105,00,000 for each of the Plaintiff and the Defendant C with respect thereto, from August 21, 2004 to July 25, 2014.
Reasons
1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 3-1, 2, and 4 together with the purport of the whole pleadings:
Upon introduction of Defendant B on August 20, 2004, the Plaintiff met Defendant C and D at the office of the company mobilized Housing Construction Co., Ltd. (hereinafter “Nonindicted Company”) located in Gangnam-gu, Seoul (hereinafter “Nonindicted Company”) in Gangnam-gu, Seoul, 923-14, and provided the Defendants with a certificate of borrowing KRW 150,000,000 from the said Defendants on the same day when the Plaintiff borrowed KRW 150,000,000 from the land purchase price for the land related to the main complex building to be newly constructed on the 391-1 and 10 parcels of land in Young-si, Chungcheongnam-si, Chungcheongnam-si, and paid the Plaintiff KRW 150,00,000 as joint buyers at the time of the land sale and purchase contract, and paid the principal by September 30, 2004.
(hereinafter “instant loan agreement”). Defendant B signed the said loan agreement in the column of joint and several sureties on the same day.
B. On September 30, 2004, the non-party company's main complex building construction business and the land sale contract did not proceed and the Defendants did not repay the above loan to the Plaintiff by September 30, 2004, the Plaintiff filed a complaint against the Defendants in fraud. Accordingly, the Defendants were convicted of each crime of fraud at the Incheon District Court on December 1, 2005 by committing the crime of deceiving the Plaintiff and deceiving the Plaintiff by using the false appraisal report, etc.
The Defendants appealed in entirety against the above judgment, but the appeal against Defendant B and Defendant D was dismissed, and the judgment of conviction was finalized on July 8, 2006. The above judgment of conviction against Defendant C was finalized on October 10, 2006, with the content that the judgment of the previous first instance is maintained, in addition to the case where the above case was consolidated with other cases and the punishment was determined again.
C. Defendant B paid KRW 49,500,000 to the Plaintiff around the end of 2004.
2. The part of claims against Defendant C and D.