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The Defendant is not guilty. The summary of the judgment of innocence of this case is publicly notified.
Reasons
1. The Defendant in the facts charged of the instant case borrowed KRW 20,000,000 in the name of the Defendant at Dongcheon Bank with the request of the Victim C (hereinafter “victim”) in early 1995, and borrowed KRW 10,00,000 among them to the victim. Since then, the Defendant was a joint guarantor of the instant loan around 196.
D The above loans were fully repaid by D.
Nevertheless, on November 19, 2015, the Defendant still filed a lawsuit claiming a loan (hereinafter “instant loan lawsuit”) with the Seoul Western District Court as if he had a claim of KRW 10,000,000 against the victim.
The defendant deceivings the above court as above and thereafter, on June 24, 2016 from the above court, "the defendant shall pay to the plaintiff 10,000,000 won and the equivalent amount of 24% per annum from April 20, 1995 to October 26, 1995, 25% per annum from October 27, 1995 to November 28, 2005, and 20% per annum from November 29, 2005 to the day of complete payment" was sentenced to a favorable judgment, and the above judgment became final and conclusive on July 27, 2016.
2. Determination
A. The fraud of a lawsuit is an offense involving deceiving the court and obtaining a favorable judgment for himself/herself, and the punishment of the fraud inevitably brings about the chilling of the civil trial system that any person may make favorable arguments to himself/herself and receive relief from his/her right through the lawsuit. Therefore, unless the defendant has acknowledged the crime, he/she shall not be easily convicted of the defendant, unless there are such cases as where the difference in the facts in the lawsuit is objectively apparent or the defendant has objectively recognized that his/her arguments in the lawsuit are clearly false, or where there is any trace of his/her intention to manipulate evidence. Under the litigation structure of the party's lawsuit system, arguments or evidence favorable to himself/herself shall be presented at his/her own responsibility.