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(영문) 창원지방법원진주지원 2019.04.24 2017가단34888

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent money to C from May 2008 to July 2010 as business funds.

On May 18, 2011, the Plaintiff drawn up a loan certificate (hereinafter “the instant loan certificate”) with the following content as between C and C:

Loan amount: KRW 113 million (as of December 31, 2010): Interest on March 31, 2012: 10,000 won per month (on the last day of each month until the repayment of the rent is made) and the fourth floor of E-building D in Gunposi, Gunpo-si, Gunpo-si, will not be sold without the consent of the plaintiff, and if the amount is adjusted, I will settle the plaintiff's money.

B. C did not repay a loan even after the maturity date, the Plaintiff demanded C to set up a mortgage on the instant real estate under the name of the Defendant, and C prepared a mortgage agreement with the Plaintiff on March 5, 2015 (hereinafter “instant mortgage agreement”).

Creditors: The Plaintiff, the obligor, and the secured obligor: Defendant C on March 5, 2015, in order to secure the right to indemnity, etc. arising from cash loans between the Plaintiff and C, a collateral security is established against the instant real estate in the name of the Defendant who is the actual owner.

Maximum amount of debt: 147,000,000 won (gold Slunlurl million won)

C. At the time of the preparation of the letter of contract to establish a mortgage of this case, the letter of delegation stating that “the Defendant shall delegate the right to create a mortgage of this case to the Plaintiff” (hereinafter “the letter of delegation of this case”) was also prepared, and the said letter of delegation was affixed with the Defendant’s seal impression affixed, and the Defendant’s certificate of seal impression issued as of March 5, 2015 was attached.

The Defendant filed a complaint against C as the crime of forging Private Document and the crime of uttering of the said private document on the ground that C forged the instant mortgage contract and the instant power of attorney and exercised it to the Plaintiff, and C was indicted as the Changwon District Court Jinju Branch Branch of 2018Kadan876.

On January 15, 2019, the above court shall be convicted of one year of imprisonment with prison labor for C.