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Reasons
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(영문) 전주지방법원 2018.11.28 2018가단11246
대여금
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1. Of the instant lawsuit, the part of the lawsuit seeking payment of KRW 45,000,000 shall be dismissed.

2. The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) on December 31, 1999 and December 2% of interest rate; (b) on December 1, 1998, the Plaintiff lent KRW 30 million to the Defendant; (c) on December 29, 1998, KRW 20 million; (d) on February 21, 1999; and (e) on March 1, 1999, KRW 45 million (hereinafter “the instant loan”).

B. The Defendant was indicted by the Jeonju District Court Branch Branch 2001Kadan282 on June 8, 2001 by deceiving the Plaintiff and obtaining the instant loan from the Plaintiff as described in the foregoing paragraph (a). On the other hand, on the other hand, the Defendant sentenced the Defendant to the punishment of 10 months of imprisonment with prison labor by recognizing the Defendant guilty of the facts charged against the Defendant on June 8, 2001, and sentenced the Defendant to a compensation order to pay 45 million won to the Plaintiff.

(B) On September 13, 2001, the appellate court rendered a judgment citing the part of the first instance court's compensation order on September 13, 2001, and the above judgment became final and conclusive on the same day.

(Korean District Court 2001No823). (c)

From January 200 to October 200, the Defendant repaid interest to the Plaintiff, and from December 29, 2004 to September 4, 2010, the “date of satisfaction of obligation” in the attached Table for calculation of appropriation of obligation to the Plaintiff was repaid in total of 45 million won as stated on the same date.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence (including each number), the purport of the whole pleadings

2. Determination:

A. The part seeking payment of the principal of the instant loan amounting to KRW 45 million is lawful, ex officio, with respect to the legitimacy of the part demanding payment of the principal of the instant loan amounting to KRW 45 million in the instant lawsuit, and where an order for compensation has become final and conclusive, it cannot claim damages according to other procedures within the scope of the cited amount (Article 34(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings). As seen above, the criminal judgment against the Defendant is rendered.

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