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(영문) 수원고등법원 2019.10.24 2019나10718

손해배상(기)

Text

1. The Plaintiff’s appeal against the Defendants and the Plaintiff’s primary selective election against the Defendants added by this court.

Reasons

1. Basic facts

A. Defendant C is the mother of Defendant B, and Defendant D is the Ministry of Foreign Affairs of Defendant B.

B. From around January 2015 to January 2017, the Plaintiff newly constructed a four-story loan (hereinafter “instant subparagraph 1 loan”) composed of the four-story sections in Gwangju City E, F and G ground (H, I, J, K, L, M, N,O, P) with a construction permit granted in the name of Defendant C, and with its own cost and effort. The Plaintiff newly constructed a four-story loan (hereinafter “instant subparagraph 2 loan”) composed of nine-story sections in Q, R, S, and T on the ground of Gwangju City with a construction permit granted in the name of Defendant D and with its own cost and effort.

C. On February 19, 2016, the Plaintiff used the money deposited in each of the above accounts as the construction cost of Nos. 1 and 2D and the expenses incurred in the sale of the instant 1 and 1 and 2D loans from Defendant C and D, with each of the passbooks and OTPs deposit accounts (Account Number X; hereinafter “instant C account”) in the name of Defendant D and the W Association deposit account (OTP; hereinafter “instant D account”) in the name of Defendant C and then managing the instant C and D account.

On January 10, 2017, the Plaintiff completed the registration of initial ownership of the instant loan No. 1 in Defendant C’s name, and completed the registration of initial ownership of the instant loan No. 2 in Defendant D’s name on January 24, 2017.

E. On January 23, 2017, Defendant C entered into a loan agreement (hereinafter “instant first loan agreement”) with the World Trade Association, and set up a collateral security on eight separate-use loans (I, J, K, L, M, N,O, P, and P) among the first loan of this case in order to secure the obligation of the loan.

W Association deposited the total amount of KRW 1,227,275,560 (hereinafter “the instant loan 1”) in the instant account on the same day.

F. Defendant C’s account of this case on January 23, 2017.