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(영문) 수원지방법원성남지원 2016.12.14 2016가단207033

손해배상(기)

Text

1. The Defendants jointly share KRW 200,000,000 to the Plaintiff, and the Defendants jointly do so from April 4, 2013 to Defendant B.

Reasons

1. Determination as to the claim against Defendant B and Defendant C

A. The Plaintiff, as a collateral, transferred the right to collateral security and superficies from Defendant D Co., Ltd. (hereinafter “D”), the person holding the right to collateral security (hereinafter “B”), and lent KRW 200,000,000 to Defendant B (hereinafter “B”). However, as the transfer of the right to collateral security and superficies was falsely revealed, considerable damage to the loan was incurred.

Therefore, the above defendants should compensate the plaintiff for damages equivalent to the above loans, since they deceiving the plaintiff that the right to collateral security and superficies are effectively transferred.

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

(c) Defendant C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant D

A. The Plaintiff alleged that Defendant D took part in Defendant B and C’s joint tort and acquired the loan by deceit. However, each of the descriptions of evidence Nos. 5 (including paper numbers; hereinafter the same shall apply) and evidence Nos. 8 through 11 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

B. Determination of employer liability assertion

A. Defendant D’s employee’s assertion prepared a false collateral security and superficies transfer document by negligence, and the Plaintiff believed this and lent money to the Plaintiff to cause considerable damage to the loan. Thus, Defendant D asserts that the employer is liable.

B. Determination 1) E and three others (hereinafter “E, etc.”) jointly own 572 square meters (hereinafter “instant real estate”) prior to the date of Namyang-si, Namyang-si.

B. On February 27, 2013, E, etc. entered into a sales contract with G to sell the instant real estate in KRW 433,000,000, and the said sales contract with E, etc. at the same time as the sales contract was concluded.