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1. The Defendant’s KRW 1,307,330,236 to the Plaintiff and 5% per annum from December 31, 201 to April 12, 2017 to the Plaintiff.
Reasons
1. The defendant, as the representative director of the corporation C (hereinafter "C"), makes a false statement that "if the plaintiff sells steel products supplied in Ssco Co., Ltd. to C, he/she will pay the price for the goods by the end of the following month" to D, who is the representative director of the plaintiff, who is the plaintiff's representative director, from March 31, 2011 to the end of the following year."
6. From November 21, 2013, a person was indicted for three years from the above court and was sentenced to imprisonment for two years and six years from the above court on May 15, 2014 on the ground that the above judgment was delivered with steel materials equivalent to the aggregate market price of KRW 1,837,95,922 (i.e., KRW 694,49,377, KRW 764,090, KRW 7122, KRW 353,239,524 KRW 26,126,309) as shown in the attached Table “crime List” by November 21, 2013, and was sentenced to imprisonment for two years and six years from the above court on May 15, 2014. The fact that the judgment was finalized at that time is significant in this court or that the entire statement was made in Gap evidence 1.
2. As to the Plaintiff’s assertion that the Defendant received the said steel materials from the Plaintiff and received the said steel materials, and sought the payment of damages therefrom, the Defendant asserts that, on June 20, 2011, the Defendant prepared a notarial deed of monetary loan for consumption with executory force on the amount equivalent to the said money obtained by deception, and thus, the Plaintiff’s lawsuit of this case is without interest in litigation.
However, even if the Plaintiff’s claim is identical to the notarial deed written by the Defendant to the Plaintiff as the instant lawsuit, the notarial deed only has an executory power and has no res judicata effect, and thus, there is a benefit to bring a claim identical to the content of the notarial deed in a lawsuit to obtain a judgment that has res judicata effect (see, e.g., Supreme Court Decision 95Da22795, 22801, Mar. 8, 196), the Defendant’s above assertion is difficult to accept.
2. Judgment on the merits
(a)the cause of the claim;