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(영문) 서울중앙지방법원 2013.11.14 2012가합529731

손해배상(기)

Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from March 21, 2012 to November 14, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs financial business, such as deposits and loans, and the Defendant is a local government that performs the business of issuing certificates of seal imprint as part of its business.

B. On March 12, 2012, the public official in charge of issuing the certificate of the seal impression to the resident service center A belonging to the Defendant alleged to the effect that the Defendant was able to actually engage in B by the person who received the certificate of the instant seal impression. However, the Defendant himself/herself asserted that on July 2, 2013, the Defendant had been issued the certificate of the seal impression under B using the forged resident registration certificate. According to the entries in subparagraph 3-5 and witness B’s testimony, according to the witness evidence verification in subparagraph 3-5 and witness B, the fact can be acknowledged among those who did not actually engage in B, not in B, as a result of the CCTV verification in the Seoul resident service center A, and the Defendant’s assertion is without merit.

A request for issuance of B’s certificate of personal seal impression was made and the B’s certificate of personal seal impression was issued (hereinafter “instant certificate of personal seal impression”) after verifying his identity as a forged resident registration certificate under B’s name (hereinafter “instant resident registration certificate”).

C. On March 2012, 2012, D, the representative director of C Co., Ltd. (hereinafter “C”), applied for a loan to the Plaintiff under the name of C, and accordingly, the loan procedure was carried out. C, as security to obtain a loan from the Plaintiff, set up a mortgage and superficies on the E forest land and 16,893 square meters (hereinafter “instant real estate”). The Plaintiff demanded relevant documents, such as a certificate of personal seal impression, etc. in the name of B for the establishment of a mortgage and the creation of superficies.

After that, D visited the Plaintiff’s Gwangju Branch Office on March 16, 2012 with his name-free person and requested by the Plaintiff.