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(영문) 창원지방법원 진주지원 2017.04.27 2016가단37774

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On July 15, 1999, Defendant Sacheon Fisheries Cooperatives (hereinafter “Defendant Sacheon Fisheries Cooperatives”)’s employees B carried out the business of lending KRW 10,000,000 to the Plaintiff’s Dongs C.

In the process, without the Plaintiff’s consent or consent, the loan transaction agreement (hereinafter “the loan transaction agreement of this case”) entered the Plaintiff as a joint guarantor of C, and affixed the Plaintiff’s seal that C stolen, thereby forging the joint guarantor of the loan transaction agreement.

Based on the above forged document, Defendant Sacheon-gu was rendered a favorable judgment after filing a lawsuit claiming a loan with the Plaintiff as the Defendant (the Changwon District Court Jinwon Branch Branch Branch Branch Branch Branch Branch Branch Branch 2000 Ghana Branch 21).

Based on the judgment, the plaintiff lost ownership by applying for a compulsory auction against the building owned by the plaintiff.

B. Since 2002, Defendant Republic of Korea requested the Plaintiff to investigate and request whether to forge documents, such as B, etc., several times, but the investigation was not conducted properly, and all of the documents were closed without suspicion.

In the process of this study, around April 2002, the author provided an appraisal of the plaintiff's fingerprints of the loan transaction agreement of this case, and conducted a false appraisal that the above fingerprint is the same as the plaintiff's fingerprint.

The statute of limitations has expired for those who forged the loan transaction agreement of this case due to the false investigation and false appraisal by the defendant Republic of Korea.

C. Due to Defendant Sacheon Fisheries Cooperatives and Defendant Republic of Korea’s tort, the Plaintiff was considered to have suffered property damage caused by the loss of real estate owned by the Plaintiff, and suffered mental suffering.

The defendants are jointly and severally liable to pay 40,000,000 won for damages, 10,000,000 won for solatium, and damages for delay.

2. Ex officio determination

A. The existence of a right or legal relationship that is disputed in a lawsuit has already been dealt with in a prior suit between the same parties.