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(영문) 수원지방법원 2018.07.04 2017나59871
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant C and Defendant D, jointly with the Plaintiffs, are 75.

Reasons

1. Facts of recognition;

A. The party-related 1) Plaintiff B and Plaintiff A are real estate auction cases (J overlapping) of the Incheon District Court I (hereinafter “instant auction procedure”).

(1) The K and above ground buildings (referred to as the gas station of this case; hereinafter referred to as the “gas station of this case”) in the Incheon Si-si, Incheon.

(2) Defendant C is a company established for the purpose of “real estate auction consulting business, auction real estate, profit-making real estate investment business, etc.” and Defendant D is an attorney-at-law. Defendant C is a company established for the purpose of “acquisition and transfer of bonds, security rights, and other property rights (backed assets) and management, operation, disposal, etc. of securitization assets through an asset management company.”

B. The Plaintiff B and his husband F, who is the seat of the Plaintiff, recommended that the Plaintiff “B shall be awarded a bid at the low price of the gas station in the auction procedure” and that the gas station shall be deemed to have been successful in the auction procedure. The Plaintiff B and his husband F borrowed the bid bond and the auction consulting fee upon introducing the Plaintiff A from the above G, and the Plaintiff B introduced the Defendant H, who is an employee of the Defendant C, to participate in the auction of the gas station in the auction procedure of the instant case.

On the other hand, in order to secure a loan to the plaintiff A, the plaintiff A and jointly agreed with the plaintiff B to participate in the auction procedure of this case.

3) The Plaintiffs, upon participating in the instant auction procedure, were awarded a successful bid of the instant gas station, and ① on January 10, 2013, with Defendant C and Defendant D, an auction consulting contract with the following content (hereinafter “instant auction consulting contract”).

(2) On the same day, the contract was entered into with the limited liability company specializing in defendant-backed securitization, and the bid participation and the acquisition of part of the claims and the right to collateral security (this paragraph).

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