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(영문) 춘천지방법원 강릉지원 2018.11.06 2017가합30425

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On March 4, 2010, C of the instant mortgage, etc.: (a) the Plaintiff stated that “I will create a collateral security on the Gangwon-do Crossing-gun D and E (hereinafter “the instant real estate”) owned by the Plaintiff, and would make a substantial profit by investing in the real estate located in the field of Yeongdeungpo-gun if the Plaintiff received the loan.” (b) The Plaintiff believed the said horses of C and delivered part of the amount loaned to C of the loan on March 4, 2010, with respect to the instant real estate, the amount of KRW 150 million with a maximum debt amount of KRW 150 million on March 4, 2010, the registration of the establishment of the mortgage, the debtor, and the mortgagee of the instant real estate, the debtor, and the mortgagee of the right to collateral security (hereinafter collectively referred to as the “instant collateral security”).

3) However, C did not invest part of the money received from the Plaintiff in any real estate in the Yong-month as above, and on September 29, 2010, upon the Plaintiff’s request on October 11, 2010, upon the Plaintiff’s request, a letter of performance with the purport that C will discharge and cancel all of the secured debt of the instant registration of creation of a neighboring mortgage until October 11, 2010 (hereinafter “statement of execution of this case”).

The Plaintiff prepared and delivered the instant performance certificate to the Plaintiff, and the Defendant jointly and severally guaranteed each obligation to the Plaintiff under the instant performance certificate on the same day. On the other hand, the Defendant and C failed to perform the obligation under the instant performance certificate. Accordingly, the instant real estate was sold at KRW 10 million on March 9, 201 through a compulsory auction procedure overlapping with F’s application for voluntary auction based on the instant collective security, and the said sale proceeds were fully distributed to F and G, the mortgagee of the instant collective security.

B. Around July 2010, the Plaintiff drafted the relevant criminal case and the instant agreement.

A criminal complaint was filed against C by fraud on the ground that C was accused of money by deception, such as subsections, and C was about April 6, 201, the Chuncheon District Court's original state branch was 201Mo286, the Chuncheon District Court's original state branch.