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(영문) 수원지방법원 2018.11.14 2017가합12540
손해배상(기)
Text

1. The Defendants jointly share KRW 181,934,877 with the Plaintiff and the period from May 27, 2015 to November 14, 2018.

Reasons

Basic Facts

Defendant B is engaged in the sale of machinery with the trade name of “D”, and Defendant C was an employee of “D”.

E has continuously traded with Defendant B by purchasing machinery and equipment from Defendant B, and the Plaintiff is operating a personal business entity called “F”.

Around September 2012 and around October 2012, the Plaintiff purchased cutting machines, scambling machines, rashers, and luminous machine from Defendant B by means of leasing from G three times, and Defendant B entered into an agreement with G to recover and dispose of the machinery and to pay the proceeds from the sale of the machinery to G (hereinafter “instant re-purchase agreement”).

On October 29, 2012, Defendant C appeared at the HJoint Law Office as an obligor’s agent and as the obligee’s principal, and the Plaintiff’s agent was present at the HJoint Law Office as the obligee, and “the Plaintiff shall pay 120,000,000 won per annum from Defendant C on September 26, 2012 (payment on the last day of each month) and shall be due on December 31, 2012, and one set of KRW 2 of the presses, wire pressures, and wire pressures, respectively (hereinafter “the instant movable”). In the event the Plaintiff fails to repay the above loan debt, Defendant C provided one set of a notarial deed to the effect that there is no objection even if the said movable is appropriated for repayment of the debt, Defendant C entrusted the preparation of a notarial deed to the effect that the notary public does not raise any objection thereto according to the said commission, and the said notarial deed was prepared as a notarial deed as a loan for consumption (hereinafter “No. notarial deed”).

Defendant C applied for the auction of movable property of this case on the basis of the Notarial Deed of this case.

In the above auction procedure, Defendant C purchased the movable property of this case in KRW 43,417,600 on November 6, 2014.

On the other hand, on June 20, 2014, I is based on the judgment bond of Suwon District Court 2013Kahap11870 against the plaintiff.

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