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1. The Defendant: KRW 5 million to Plaintiff A; KRW 10,101,355 to Plaintiff B; and each of them, from May 16, 2017 to December 12, 2019.
Reasons
1. The facts acknowledged by the Plaintiffs and the Defendant decided to conduct the business of developing and producing the Electric Laos (hereinafter “Nonindicted Company”) around 201, and established and jointly invested in D Co., Ltd. (hereinafter “Nonindicted Company”). At the time, the Defendant invested KRW 100 million, and as a dispute arises between the parties regarding the return of KRW 100 million after the closure of the Nonparty Company, the Defendant filed a lawsuit against the Plaintiffs for the return of KRW 100 million loan around May 201.
On April 11, 2017, the court of first instance rendered a judgment dismissing all the claims against the plaintiffs on the ground that there is no evidence to acknowledge the amount the defendant paid as the loan, and the appellate court also rendered a judgment dismissing the defendant's appeal on September 28, 2017, and the judgment of the appellate court became final and conclusive around that time.
On May 16, 2017, immediately after the defendant lost in the first instance court of civil procedure, the defendant filed a complaint against the plaintiffs on May 16, 2017 for the charge of forging and uttering of private documents, and the plaintiffs were present at an investigation agency several times and investigated. Among the prosecutor's mass investigation, the defendant recognized that he/she was not guilty of forging private documents and received a disposition of non-guilty suspicion against the plaintiffs, such as forging private documents, and the defendant was prosecuted and the criminal trial was under way.
The defendant asserted that he is not guilty in the court of first instance, and the plaintiffs appeared and testified in the official ruling as a witness. On March 13, 2018, the court of first instance found the defendant guilty and sentenced a fine of seven million won.
On September 5, 2018, the appellate court rendered ex officio a judgment of the first instance on September 5, 2018 and sentenced a fine of KRW 7 million to the court of first instance. The judgment became final and conclusive around that time.
As the Defendant lost in the first and second instances of civil litigation, the Defendant paid KRW 7,822,395 on April 2, 2018 to Plaintiff A, and KRW 6,618,823 on April 2, 2018 to Plaintiff B, based on the final determination of litigation costs.
grounds for recognition.