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(영문) 부산지방법원 2017.11.23 2016가단356543
손해배상(기)
Text

1. Defendant B and C are jointly and severally liable to the Plaintiff for KRW 88.6 million, and Defendant B from February 23, 2017 to Defendant C.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or there is no dispute between the parties that the part of the stamp image in Defendant D among the evidence Nos. 1 through 5 (including a serial number; hereinafter the same shall apply) was caused by the above Defendant’s seal imprint, and thus, the authenticity of each document is presumed to have been established. Defendant D claims that Defendant B forged by preparing each of the above documents without permission using his own seal imprint, but Defendant D’s assertion that it was forged by using his own seal imprint. However, there is no evidence to acknowledge this, Defendant D’s above assertion is difficult to accept) by taking into account the whole purport of the pleadings.

Defendant B and his dynamics, Defendant C, as the director and representative director of E Co., Ltd. (hereinafter “E”), appears to jointly manage the said company.

B. On November 4, 2015, the Plaintiff entered into a contract with Defendant B and C to sell each of the land or shares (hereinafter “each of the instant real estate”) listed in the separate sheet owned by the Plaintiff (hereinafter “instant contract”). On the same day, the registration of ownership transfer arising from the instant transaction was completed in the future of Defendant C. However, the instant contract entered into with Defendant C as the sales price in KRW 18.6 million.

C. On November 20, 2015, Defendant C completed the registration of ownership transfer based on trust with respect to each of the instant real estate to the K non-real estate trust company (hereinafter “K non-real estate trust”). D.

The Defendants seem to have paid KRW 20 million out of the purchase price of each of the instant real estate to the Plaintiff around November 23, 2015.

E. On April 6, 2016, Defendant D entered into a contract with the Plaintiff for the sale of 302 and 402 units of the Honam-gun F, and H collective housing Cdong (hereinafter “instant collective housing”) newly constructed on the G’s ground (hereinafter “instant sales contract”), and Defendant B and C.

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