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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff filed a lawsuit of demurrer against the Defendant and filed a criminal complaint 1) on September 16, 2008 with C, the Plaintiff loaned KRW 100 million on September 16, 2008, and KRW 150 million on July 7, 2009 to C, and agreed between C and the Defendant, D, and E’s share of the said loan as collateral. However, D is transferred to F, and the Plaintiff was only transferred to F, and the auction procedure on the said real estate was awarded to third party while the Plaintiff was transferred only the E’s share, and was awarded a successful bid for the said real estate. In addition, the Plaintiff filed a lawsuit of demurrer against the Defendant, etc. (Korean District Court Decision 2013Du9076) and filed a criminal complaint against the Defendant by deceiving the Plaintiff and allowing C to borrow money to the Plaintiff.
B. On November 27, 2014, the Plaintiff was sentenced to one year of imprisonment with prison labor, two years of suspended sentence (court 2014 high-ranking2658), and two years of suspended sentence (court 2014 high-ranking2658), and both of the prosecutors and the Plaintiff appealed against it, but both of the appeals were dismissed (court 2014No4859) at the appellate court. The judgment became final and conclusive.
C. Withdrawal of a lawsuit of demurrer against distribution and deposit of damages, while the Plaintiff led to the confession of criminal facts in the above criminal case, and withdrawn a lawsuit of demurrer against distribution against the Defendant, and intended to pay KRW 20,000,000 to the Defendant as the name of the criminal agreement amount and the compensation for damages arising from the crime committed without accusation in the above criminal case, but the Defendant refused to receive the said amount, and deposited KRW 20,000,000 in the future of the Defendant on November 25, 2014.
【Objection against Distribution】