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(영문) 서울중앙지방법원 2015.10.07 2014가단231130
손해배상(기)
Text

1. The Defendants jointly share KRW 100 million with the Plaintiff and twenty percent (20%) per annum from January 19, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2013, Defendant B asked Defendant C to find out whether the lease deposit amount of KRW 250 million can be borrowed KRW 100 million as collateral from the lease deposit to Defendant C, and Defendant C asked Defendant C to Defendant D, and Defendant D asked Defendant E working at the real estate brokerage office.

Defendant E asked whether he can lend money to the Plaintiff who was aware of his knowledge by giving such a notice, and the Plaintiff said that he would lend money if the security is guaranteed.

B. On October 24, 2013, the Plaintiff: (a) confirmed the lease contract for an apartment with the fixed date affixed by Defendant B, “F, lessee B, Songpa-gu Seoul apartment, G Apartment 106 Dong 801, 250,000,000 won for lease; and (b) confirmed the lease contract for an apartment with the fixed date affixed by Defendant B; and (c) confirmed the lessor’s identity as the lessor.

The Defendant B received a written performance letter stating that “if the principal and interest of the apartment is unable to be repaid, the obligation to return the above apartment lease deposit will be transferred to the Defendant B for the payment thereof,” and then remitted KRW 100 million to the Defendant B.

C. However, Defendant B, through the name “H”, had the Plaintiff enticed the Plaintiff on the ground of forging the said lease contract and 70 large-scale women whose name cannot be identified, on the ground that they were lessors, and was subject to criminal punishment for committing such crimes as fabrication and uttering of private documents, and fraud.

(Seoul Eastern District Court 2015No521). d.

On February 10, 2014, Defendant C, D, and E, in the form of seeking a solution related to Defendant B’s crime, shall meet the Plaintiff from February 14 to February 16, 2014, and each of the instant letters, stating that “B shall cooperate with the Plaintiff during a period from February 14 to February 16, 201. In face-to-face, the maximum amount of damages shall be KRW 100,000,000,000,000.”

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