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(영문) 부산고등법원 2014.08.13 2013나4234

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On April 13, 2008, the Plaintiff: (a) confirmed that C borrowed KRW 1.2 billion from the Plaintiff; and (b) was drafted and delivered by C the loan certificate stating that it would be repaid by calculating the interest rate of 2% per annum until May 31, 2009.

B. As C did not repay the above loan, on June 9, 2009, the Plaintiff completed the joint registration of the establishment of a mortgage over KRW 1.2 billion with respect to the debtor, the maximum debt amount, and the factory site and factory building in the Haan-gun, Hannam-gun, Gyeongnam-gun, the mother F of C (hereinafter “G factory”).

C. On November 19, 2009, the Plaintiff prepared and delivered a letter of commitment (Evidence 3) stating that the establishment of a collateral security is to be made with respect to the instant land owned by Dong-gun, Haan-gun, Gyeongnam-gun, Gyeongnam-gun, Dong-gun, Dong-gun, and the 1,984m2 (hereinafter collectively referred to as “each of the instant land”) owned by Dong-gun, Dong-gun, and cancelled the registration of joint establishment of a collateral security with respect to the said G factory.

Each letter submitted to L on January 15, 2010, when the financing plan for the portion different from the above amount is added to the financing plan of M and N submitted to L on January 15, 2010, all these amounts constitute fraud, and if the above amount is erroneous, the J, C, and K are responsible.

In addition, the plaintiff and the defendant on January 15, 2010

1. As a condition that KRW 100 million is paid in cash by January 18, 201, M andO oil stations participate in management rights of M andO oil stations (as a joint company, normalization will be achieved while managing the company), and each land of this case will be established, and thereafter, the following purpose is to sell both the Plaintiff and the Defendant at KRW 3.50,000 in average.

In the event that the above promise was entered into, the property right is waived with respect to M, gas stations, R, answer, and other parts created by the Plaintiff. If there is no later delay or second default, all the property rights shall be delegated to the Plaintiff, and the above letter shall be attached.