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(영문) 창원지방법원통영지원 2015.11.24 2015가단2927
손해배상(기)
Text

1. The Plaintiff:

(a) Defendant B’s KRW 187,622,00 and for this, KRW 20% per annum from May 14, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On February 4, 2012, the Plaintiff purchased No. 113 Dong 702 (hereinafter “instant real estate”) from G and three lots of land, other than G, and completed the registration of the transfer of ownership on April 30, 2012.

B. Defendant B, who married with the Plaintiff on April 27, 2012 (the divorceed on January 27, 2015), had the Plaintiff keep the Plaintiff’s seal imprint, and had the Plaintiff pretended to be entrusted with the Plaintiff with the right to issue a certificate of seal imprint, borrow money, and dispose of the instant real estate. Defendant B, who was issued a certificate of seal imprint, was willing to borrow money in the name of the lending company A, and to establish a collateral security on

C. On June 13, 2012, Defendant B forged a proxy to issue a certificate of the Plaintiff’s name without any authority at the J community service center located in I on June 13, 2012 and issued the Plaintiff’s certificate of the personal seal impression. On the same day, Defendant B forged a loan contract and a mortgage contract in the Plaintiff’s name using the above certificate of the personal seal impression and the Plaintiff’s personal seal impression, and issued it to Defendant D. On the same day, Defendant B completed the registration of the establishment of a mortgage on the instant real estate, the maximum debt amount of KRW 25 million, the debtor, the mortgagee, the mortgagee, and Defendant D, the mortgagee, were paid the above loan from Defendant B on November 9, 2012, and cancelled the registration of the establishment of a mortgage on the same day.

Defendant B is above C.

On November 19, 2012, the Plaintiff issued a certificate of the personal seal impression on November 19, 2012. On the same day, the Plaintiff borrowed KRW 50 million from Defendant C, and delivered a forged loan contract and mortgage contract under the Plaintiff’s name to Defendant C. Defendant C completed the registration of the establishment of a mortgage over the instant real estate as of the same day.

E. Defendant B: (a) on January 21, 2013.

The plaintiff's certificate of personal seal impression was issued by the method stated in the paragraph, and the defendant D borrowed 13 million won from defendant D on the same day.

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