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(영문) 서울중앙지방법원 2021.01.29 2019가합521293
손해배상(기)
Text

Defendant B shall pay to the Plaintiff KRW 238,383,350 as well as 12% per annum from June 26, 2019 to the day of full payment.

Reasons

1. Summary of the parties' arguments;

A. Defendant B and C did not pay rice even after receiving it from the Plaintiff in collusion with the Plaintiff, thereby acquiring the amount equivalent to KRW 238,383,350 from the rice supply.

Defendant D Co., Ltd (hereinafter “Defendant Co., Ltd”) issued a false certificate of beneficial rights to the Plaintiff for securing the payment of rice, thereby facilitating the defraudation of Defendant B, etc.

Therefore, the defendants are jointly obligated to compensate for the damages suffered by the plaintiff.

B. Defendant C received the F’s seal from the landowner to issue the certificate of beneficial rights upon the request of Defendant C and brought it to a certified judicial scrivener office.

However, I would like to give the Plaintiff a performance bond or collateral security to the property manager of the above land or to secure the payment of rice.

under this chapter.

As long as the Plaintiff actually received a certificate of right to benefit, Defendant C is not liable for any illegal act.

(c)

Defendant Company did not violate the duty of care to not assist the illegal acts of Defendant B, etc., and there is no substantial relation between the issuance of the certificate of beneficial rights by the Defendant Company and the occurrence of damages claimed by the Plaintiff.

Therefore, the defendant company is not liable for joint tort against the plaintiff.

Even if the trust ledger was modified as stated in the certificate of beneficial rights, the trust ledger was modified.

Even if the plaintiff is a second priority beneficiary, there is no amount to be paid, so there is no loss claimed by the plaintiff.

2. Determination as to the cause of claim

A. As to the Plaintiff’s ground of claim that Defendant B, by deceiving the Plaintiff, did not pay the price even after being supplied with rice equivalent to KRW 238,383,350 from the Plaintiff, the Defendant B did not clearly dispute this and did not appear on the date of pleadings. Thus, the above facts are not presented on the date of pleadings.

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