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(영문) 서울중앙지방법원 2014.11.14 2013가합558552
손해배상(기)
Text

1. Defendant A’s KRW 115,195,50 for the Plaintiff and KRW 5% per annum from November 27, 2013 to November 14, 2014.

Reasons

1. Basic facts

A. On July 15, 201, Defendant A entered into a real estate lease agreement with Defendant B, setting the Gangnam-gu Seoul Metropolitan Government C Apartment 501 (hereinafter “instant real estate”) as the lease deposit of KRW 220 million (in the event of a contract, the balance of KRW 30 million shall be paid in July 20, 201) and the lease term of KRW 190 million from July 20, 201 to July 19, 201 (hereinafter “instant lease agreement”).

B. On July 18, 2011, Defendant A entered into a loan agreement of KRW 168 million with the Plaintiff for the purpose of paying the remainder of the instant lease agreement (hereinafter “instant loan agreement”). On the same day, Defendant A entered into a lease agreement of this case as to KRW 220 million with the deposit for the instant lease agreement in order to secure the said loan’s obligation.

C. On July 25, 201, the Plaintiff remitted KRW 164,565,00 (hereinafter “instant loan”) out of the loan to Defendant A’s account. Defendant A wired KRW 164,565,00 to Defendant B’s National Bank Account (Account Number D).

The principal and interest of the instant loan agreement is KRW 168 million with principal as of November 26, 2013, and KRW 179,782,115 with interest and delay damages as of November 26, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion 1) Defendant A, even though he did not intend to conclude a lease contract, by deceiving the Plaintiff by deceiving the Plaintiff, such as preparing a false lease contract and making a false move-in report with the intent to acquire the loan, etc.

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