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(영문) 서울중앙지방법원 2018.08.17 2018가단1894
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C’s lending of money and conviction against the Defendant (hereinafter “Defendant”) were explained by the Defendant that “E, operated by D, has the authority to develop the underground resources of D, and F, Inc., the Defendant’s management, is a Korean branch office in Korea. If the Defendant borrowed business promotion expenses, he/she would receive advance payment of KRW 100 million from D, after one month, and he/she then remitted KRW 200 million to the above company’s account on June 29, 201, and the Defendant jointly and severally guaranteed the aforementioned company’s obligation to develop the underground resources. (2) The Defendant did not know that D had the authority to develop the underground resources of D at the time, and even if the said company was either exported it to D, or was not planned to receive the advance payment of KRW 10 million,000,000,000,0000, the Defendant was detained by the Seoul District Court in Seoul for a suspended sentence of imprisonment with prison labor for up to 2013.

The above judgment became final and conclusive through appeal.

B. On April 14, 2014, when the above criminal case against the Defendant was pending, C prepared a written agreement (Evidence B No. 16) with the purport that “A shall not want to punish the Defendant and promise not to raise any criminal objection subsequent to the occurrence of an agreement between C and the Defendant (the complainant).” On April 14, 2014, G, which agreed on behalf of the Defendant, issued to C a notarial deed of KRW 70 million cashier’s checks and KRW 50 million issued by it and KRW 50 million to C on May 12, 2014, G paid additional KRW 30 million to C on May 14, 2014, and on the same day, C received KRW 30 million among KRW 50 million, KRW 30 million,0000,0000,0000,0000,0000,000 won.

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