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(영문) 서울중앙지방법원 2017.11.07 2016가합576032

손해배상(기)

Text

1. Defendant A’s KRW 800,000,000 as well as 5% per annum from October 14, 2013 to January 31, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at e-commerce, credit business, etc., and Defendant A works as the head of the D department of the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) around October 2013. Defendant B is an attorney-at-law of the limited liability law firm at the time, and Defendant C is a relative of Defendant B, who is engaged in consulting on real estate implementation projects.

B. On April 21, 2006, the Seoul Mayor publicly announced the F market improvement project implementation zone for the “F market” located in the Seoul Northern-gu E branch (hereinafter “instant improvement project”), and the implementer of the said improvement project is G stock company.

H attempted to purchase shares of G Co., Ltd. in order to participate in the instant rearrangement project, and required funds for this purpose.

C. On September 2013, Defendant A received a proposal from Defendant A to the effect that “I would pay part of the profits of the instant improvement project if I would receive the payment assurance of Han-hwa Life with respect to the said loan.”

On October 10, 2013, Defendant A, with intent to forge a certificate of payment assurance, forged a seal imprint in the name of Hanhan Life under the name of Hanhan Life with no delegation from the representative director of Hanhan Life with respect to the preparation of a certificate of payment assurance. On October 13, 2013, the above forged seal imprinted at the bottom of the certificate of payment assurance (hereinafter “instant certificate of payment assurance”), a seal imprint, and a seal imprint affixed to the certificate of the seal imprint of Hanhan Life, which was prepared in advance, around October 13, 2013.

On October 14, 2013, around 13:30 on October 14, 2013, the Plaintiff received a forged payment assurance, a seal stamp application, and a corporate seal imprint certificate from the Defendant A at the D branch office of the 63rd building in the Hando-dong, Yeongdeungpo-gu, Seoul, at the D branch office of the 63th floor of the Hando-dong. On the same day, the Plaintiff received 3 billion won due date from H. on January 13, 2014; and 3% per month of interest rate.