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1. The defendant shall pay to the plaintiff the amount of KRW 266,497,470 and the amount of KRW 131,570,060 among them, from January 26, 2005 to the date of full payment.
Reasons
1. Facts of recognition;
A. In around 2003, the Plaintiff filed a lawsuit against the Defendant, as Seoul Central District Court 2003Gahap8614, seeking damages for damages of KRW 240,392,00 and damages for delay, and the cause of the claim is as follows.
On June 199, the defendant, who was in office as a director of the non-party dispute resolution committee (hereinafter referred to as the "non-party company"), was the first company's (hereinafter referred to as the "non-party company")'s (1) face value of 130,000,000 won, 199, 7 October 7, 1999, the payment place, Seoul Metropolitan Government, the Seoul Metropolitan Government, the Seoul Bank's Seodaemun branch, the Seoul Bank's Seoul Bank's Seodaemun branch, the issue date, June 7, 199, the issue date of the issuance date, the Seoul Metropolitan Government, the issuer's bank's branch, and the promissory note with the receiver's bank resolution book (hereinafter referred to as the "second promissory note"), the face value of 130,00,000 won, the payment date, 199, October 23, 19, the payment place, the issue date, and the bank's issuing date, the Seoul Metropolitan Government, and the issuer's bank.
The Defendant, which had been operating the bill brokerage business around the date of issuance, had the Plaintiff obtained KRW 240,392,00 in total under the pretext of the discount of bill Nos. 1, 2, and 1, 2,000 in trust by deceiving the Plaintiff as an affiliate of the Plaintiff, as if the Nonparty Company had a good financial standing and has the ability to pay the bills sufficiently.
B. On April 14, 2004, the Seoul Central District Court decided to recommend settlement that "the defendant shall pay to the plaintiff 240,392,000 won with 5% per annum from August 1, 1999 to February 26, 2003, and 20% per annum from the next day to the full payment. The plaintiff shall waive the remainder of the claims. The above decision to recommend settlement became final and conclusive on May 4, 2004.
C. On January 25, 2005, the Plaintiff received dividends of KRW 108,821,940 out of the principal of the bonds based on the decision of recommending reconciliation that was finalized at the auction procedure with respect to the property owned by the Defendant (hereinafter “instant bonds”).
(the fact that the plaintiff is the applicant).