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(영문) 수원지방법원 2019.05.30 2018나83949

손해배상(기)

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the part of the plaintiff's claim is dismissed.

2. The plaintiff.

Reasons

1. (1) The Plaintiff’s husband, who is the Plaintiff’s husband, completed the registration of ownership transfer with respect to five-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one of the above forest land in Gwangju-si, and Nonparty F agreed to prepare a so-called multi-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one (hereinafter “instant share”). On April 2013, F transferred the instant share instead of receiving KRW 200 million from the Plaintiff. However, F agreed to prepare the so-called multi-one-one-one-five-five-five-one-one-

(2) Accordingly, on April 24, 2013, the Plaintiff paid the F amount of KRW 60 million to F, KRW 60 million (in fact, payment was made to F’s creditors G), and KRW 140 million on April 26, 201.

(3) Meanwhile, from March 2013 to June 2013, F borrowed a total of KRW 180 million from the Plaintiff several times, and on October 2014, the Plaintiff filed a lawsuit seeking the return of the said loan (U.S. District Court Sungnam Branch 2014Ga206927) against F.

(2) On the other hand, the Defendant, the head of the office of C, who is a certified judicial scrivener, prepared a sales contract in the name of the Plaintiff on April 26, 2013, with the amount of the purchase price for the instant shares as KRW 260 million, in order to prepare the said sales contract, and forged the said contract (the forgery of a private document) and submitted it as evidence for the previous lawsuit (the use of the private document) and there was KRW 60 million (the difference between the above KRW 260 million and the above KRW 200 million and the above KRW 200,000), which offsets the Plaintiff’s claim for the return of the said loan by automatic claim.

In the above lawsuit, the Defendant appeared as a witness around 14:10 on May 19, 2015, and took an oath, and then falsely stating that “No knowledge of how the contract was prepared,” as to the process of preparing the said contract, stating the purchase price as KRW 260 million.”