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(영문) 울산지방법원 2015.01.08 2013가합5554

손해배상(기)

Text

1. The Plaintiff:

A. Defendant B’s KRW 693,00,000 and its annual 5% from December 1, 2014 to January 8, 2015.

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company for the purpose of leasing, managing, selling, and developing real estate and investment and development of real estate, and its representative director has recently changed to F. Defendant B is a certified judicial scrivener who constructed or manages the land owned by the Plaintiff as a constructor. Defendant D is a certified judicial scrivener who operates a certified judicial scrivener office in Ulsan-gu G, Ulsan-gu, and Defendant C is an employee of the certified judicial scrivener office operated by Defendant D.

B. Around 2006, E became aware of the Defendant B who had been engaged in real estate brokerage, etc. in the course of conducting a project such as land purchase and sale, etc., and on August 28, 2006, the Plaintiff was appointed as the representative director after establishing the Plaintiff at Defendant B’s recommendation.

(2) On June 7, 2007, the Plaintiff purchased “instant land” and “the instant land 2” and “the instant land 319.2 square meters” (hereinafter “the instant three land”) from Jan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, divided into H large 232 square meters and I large 180 square meters on December 31, 2007.

(3) Since then, the Plaintiff requested Defendant B to construct a new building on November 14, 2007, and newly constructed one unit of the studio building on the land of this case on December 28, 2007, and completed registration of initial ownership on February 5, 2008 on the land of this case, and completed registration of initial ownership in the name of the Plaintiff.

C. (1) On the other hand, the Plaintiff collected lease contracts and management work for three Dongs of the studio building newly constructed as above and delegated the business of paying interest on loans borrowed as security to Defendant B as follows, and entrusted the business of the Plaintiff’s passbook, corporate seal impression books, corporate seal cards, corporate seal cards, and deposits in the name of passbook E, etc. necessary for the business of the Plaintiff.

(2) After 2008, the Plaintiff each of the instant cases against Defendant B.