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(영문) 대구지방법원경주지원 2017.09.26 2016가단3341
손해배상(기)
Text

1. Defendant B and C jointly share the Plaintiff KRW 70 million and their interest therein from May 27, 2014 to September 26, 2017.

Reasons

1. Basic facts

A. On April 2014, the Plaintiff leased H lending No. 101 Dong 401 (hereinafter “instant lending”) from Nonparty G Co., Ltd. (hereinafter “G”). Defendant C is the actual operator of G, who managed the funds such as the sale price deposited in the account of G, lease deposit, etc., and Defendant B is the representative director of G as between Defendant C and South Korea, Defendant D’s husband, Defendant E, and Defendant F are the head of each G public relations team.

B. On April 1, 2014, the Plaintiff and I (hereinafter “Plaintiff’s husband and wife”) received the instant loan from Defendant E and F, who is an employee in charge of sales in H lending offices.

On the same day, the Plaintiff paid KRW 1,00,000 as the provisional contract deposit to G’s corporate account on the premise that the lease contract was concluded after the next day.

다. 한편, 위 가계약금 지급 무렵 G의 재정상태가 나빴던 관계로, 이 사건 빌라를 포함한 101동의 빌라 6세대에는 2013. 11. 19. 설정되었다가 2014. 1. 14. 채권최고액이 변경된 채권최고액 388,080,000원인 공동근저당권 및 2013. 12. 26. 설정된 채권최고액 2억 원인 공동근저당권이 존재하고 있었다

(hereinafter the above joint collateral security (hereinafter “instant joint collateral security”). The Plaintiff became aware of the establishment of each of the above joint collateral security after the payment of the provisional contract amount.

On April 7, 2014, I, at the above sales office, leased the instant loan from G with a lease deposit of KRW 70 million, a lease deposit of at least two years from July 3, 2014 (hereinafter “lease”). (However, the lessee’s name was stated as I), and paid the remainder down payment of KRW 6 million to G’s corporate account.

E. Defendant E, according to the direction of Defendant C on April 14, 2014, is the maximum debt amount of KRW 78 million, the debtor D, the mortgagee of the right to collateral security, and the Saemaul Savings Depository.

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