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1. Defendant A’s KRW 38,338,708 as well as 6% per annum from December 12, 2012 to February 5, 2014, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. Defendant A’s spouse, Defendant B’s father, Defendant B’s husband, Defendant B’s husband, F Co., Ltd. (hereinafter “F”) and G Co., Ltd. (hereinafter “G”) are companies run by D.
B. Around January 19, 2007, D, the representative of F, by deceiving the Plaintiff Company in spite of the absence of intent or ability to settle the price of the goods within 30 days, even if the Plaintiff Company was supplied with the A-year gold table of KRW 557,610,42 in total five times from February 12, 2007 to April 11, 2007, but only paid KRW 49,218,832 out of the price of the goods, but did not pay the remainder of KRW 508,391,590 in total.
C. On July 28, 2008, when a prosecution was instituted in this court in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), D deposited 50,000,000 won as part of the damage compensation with the Plaintiff Company as a depositee on December 8, 2008. However, on December 19, 2008, D appealed by being sentenced to a judgment of conviction of 1 year and 6 months (2008, 194).
On April 3, 2009, while the above appellate trial is pending, Defendant A subrogated the Plaintiff for KRW 50,000,000 among the damages liability that the Plaintiff and the above Defendant owed to the Plaintiff for F, G, and each of the Plaintiff, as well as the amount of KRW 100,000,000 (50,000,000) calculated by deducting the deposit for repayment and the above amount of subrogated payment from the above damages compensation, the remainder of KRW 100,000,00 (50,000,000) from the amount of the damages for the remainder of KRW 408,391,590 (hereinafter “joint and several surety of this case”). In order to secure the joint and several debt of this case, the Plaintiff agreed on the establishment of the maximum debt amount of KRW 100,000,000 (hereinafter “instant housing”). The Plaintiff agreed on the establishment of the penalty of KRW 1,000,000 in accordance with the agreement on D’s punishment.