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(영문) 대전지방법원서산지원 2017.06.01 2016가합51223
손해배상(기)
Text

1. The Defendants jointly share KRW 115,500,000 to the Plaintiff and Defendant B with respect thereto from October 10, 2016.

Reasons

1. Basic facts

A. The Defendants’ status 1) Defendant Korean Certified Judicial Scriveners Association (hereinafter “Defendant Association”)

In order to guarantee liability for damages to the mandators of the affiliated certified judicial scrivener, Article 67 of the Certified Judicial Scriveners Act and Article 8 of the Rules of the Korean Certified Judicial Scriveners Association are being carried out, and Defendant B is a member of the Damage Compensation Mutual Aid Association operated by the defendant Association as a certified judicial scrivener affiliated with the defendant Association. (2) Of the damage Compensation Mutual Aid Regulations of the defendant Association, matters concerning the claim and payment of the

Article 11 (Payment of Mutual-Aid) (1) If a member causes any property damage to the mandator intentionally or by negligence while performing his duties, he shall pay the mutual-aid money to the mandator from the Fund.

(2) The amount of the mutual aid fund under paragraph (1) shall be limited to 200 million won per member for one year.

Article 12 (Request, etc. for Mutual-Aid) (1) Any person intending to be paid the mutual-aid money under Article 11 shall file a claim with the Chairperson after going through the local heads of the members or former members, by proving the existence of the right to claim damages against the current or former members according to the authentic copy of executive titles such as the final and conclusive judgment,

B. The Plaintiff’s lending of money to C and establishment of the right to collateral security 1) C Co., Ltd. (hereinafter “C”).

) The Plaintiff is the Plaintiff’s land E, F, G, H, I, and J (hereinafter “instant land”).

A) A request was made to lend funds as security. On July 1, 2013, Defendant B received a delegation from D, the owner of the instant land, for the establishment registration of a neighboring mortgage on which D’s seal imprint is affixed, and Defendant B received a delegation from the Plaintiff of an application for establishment registration of a neighboring mortgage (Evidence 5), a letter of delegation of application for establishment registration of a neighboring mortgage contract (Evidence 6), a copy of D’s resident registration certificate (Evidence 8), and a certificate of personal seal impression (Evidence 9), and a document confirming that Defendant B was delegated by the person liable for registration (A).

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