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(영문) 광주지방법원 2019.09.27 2019가합403
합의금 등
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 70,000,000, and each of the above amounts.

Reasons

1. Determination as to the cause of claim

A. The following facts are acknowledged among the Plaintiff and the Defendant B by taking account of the overall purport of the entries and arguments in the evidence Nos. 1 and 2, and the Plaintiff and the Defendant C are deemed to have led to confession pursuant to Article 150 of the Civil Procedure Act.

1) Defendant B was convicted of 1 and 6 months imprisonment with labor on June 9, 2017, on the ground that “If Defendant B and B transfer the debt of KRW 5.2 billion, without any intention or ability to acquire the debt, they would obtain a loan from a foreign bank and take over the debt of KRW 5.2 billion.” Defendant B was indicted by the Gwangju District Court 2016Da534, and was convicted of the Defendant B and the Prosecutor on the ground that “the above judgment was revoked on September 28, 2017 on the ground of unfair sentencing, the court of the appellate trial sentenced Defendant B and the Prosecutor to a suspended sentence of 1 year and 6 months for a period of one year and 6 months, and the judgment of the appellate court became final and conclusive on September 28, 2017 on the ground that Defendant B and the Prosecutor did not raise an appeal to the Plaintiff, and the lower court did not make it final and conclusive on September 21, 2017 as follows.”

The loan certificate and the statement of the fulfillment of the agreed amount: B

1. With respect to the case of fraud 2017No306 of the Gwangju High Court, each of the above reporters shall return to the injured party A the above amount of KRW 250,000,000,000, respectively.

2. Where the above money is not received from F, each of them shall pay 250,000,000 won to A with agreed money without good cause.

3. The payment date shall be December 30, 2018.

4. C, a joint and several surety, shall be paid KRW 70,000,000,000 which is KRW 250,000,000, which is not paid by Category B.

C Ha, a joint and several surety B, each of August 2017

B. Determination

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