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(영문) 서울중앙지방법원 2016.09.30 2015가합555403

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. In around 2004, the Plaintiff purchased real estate in the name of the Plaintiff with the payment of KRW 346,000,000 with the real estate purchase fund, etc., and delegated the Plaintiff’s real estate and management of KRW 1001 of Gangdong-gu Seoul Metropolitan Government 2, 1001 (hereinafter “instant 1 real estate”).

Real estate of KRW 375,394,510 on January 4, 2005, 200, KRW 444,000 on December 27, 2005, KRW 5,00 on December 27, 2005, KRW 752,194,510 on December 27, 2005, including KRW 88,80,000 on December 27, 2005, in total, KRW 752,194,510 on December 27, 2005.

B. At around 2005, Defendant B sold 4 units, including Nos. 303, 821, 822, and 1412 of the Gangseo-gu Seoul Metropolitan Government Dtel (hereinafter “No. 303”), 3 real estate, 821, 822, and 1412, in the name of the Plaintiff, as follows.

C. On April 12, 2005, the Plaintiff entered into a deposit contract with Defendant Nonghyup Bank Co., Ltd. (hereinafter “Agricultural Bank”), and around that time, issued the deposit passbook and reported transaction seal of the deposit account (number E; hereinafter “the first account”) established in accordance with the said deposit contract to Defendant B, and made Defendant B use the first account in managing funds, such as loans to be deposited into the first account, by notifying the password.

On April 17, 2005, KRW 110,00,000 for the instant 2 real estate collateral loans, and KRW 128,00,00,00 in total for the instant 2 real estate collateral loans on May 10, 207 (i.e., KRW 49,000,000 for KRW 49,000 for 49,000,000 for 30,000,000 for 30,000) were deposited in the instant 1 account.

Also, the lease deposit received after leasing each of the above immovables is KRW 160,000,000, KRW 3 and KRW 10,000,000, and KRW 5 real estate 95,00,000, respectively.

On the other hand, the Plaintiff paid KRW 130,000,000 to Defendant B on February 15, 2006.

Defendant B newly built the Plaintiff on September 4, 2008.