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1. Revocation of a judgment of the first instance;
2. The defendant shall enter the attached list in C [ Address: K, 217 Dong 303, Busan-gu, Busan-do.].
Reasons
1. Basic facts
A. The president D, representative director D, E, etc. of the Group A Co., Ltd. (hereinafter referred to as “A”) established SPC in the form of a special purpose corporation (SPC, A, a company incorporated on the ground of next-name directors, next-name shareholders, etc.; hereinafter referred to as “SPC”) in order to directly operate the implementation project or to receive a loan for the implementation project fund by borrowing the names of officers and employees of A, with the recommendation of its executives and employees, and to directly operate the implementation project by avoiding restrictions on non-compliance with the implementation project under the Mutual Savings Banks Act, and then run the development project of real estate, golf courses, etc. through lending to SPC.
B. C lent to A for the purpose of registering its name as an executive officer of G Co., Ltd. (hereinafter “G”) from among the SPCs established by A upon F’s request, who worked as a staff member of A, and A paid KRW 9,9250,000 in total for the loan of name to C from January 12, 2005 to December 17, 2010.
C. Thereafter, on June 24, 2011, C prepared a letter to the effect that “The Central Investigation Office of the Supreme Prosecutors’ Office, which had been conducting the investigation related to A, shall be present at the Central Investigation Office of the Supreme Prosecutors’ Office, and, during the course of the investigation, a commitment to return KRW 9,9250,000,00 which has been unjustly received fromG as a salary, shall be returned to A” (hereinafter “each letter of this case”).
Afterwards, A filed a lawsuit against C seeking the payment of the agreed amount under each of the instant agreements (Seoul District Court 201Kadan91582; 201Kadan91582, pending a lawsuit, A was declared bankrupt and the Plaintiff took over). On November 22, 2012, A was sentenced to a judgment on November 22, 2012, “C shall pay to the Plaintiff KRW 9,9250,00 and damages for delay” (hereinafter “ separate judgment”), and the separate judgment became final and conclusive on December 20, 2012.
E. On the other hand, on March 28, 201, the real estate indicated in the separate sheet, owned by C, is traded on the same day.