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(영문) 서울북부지방법원 2017.11.10 2016가단149418
손해배상(기)
Text

1. Defendant D’s 35,00,000 won to Plaintiff A, and 20,000,000 won to Defendant B, and each of the above amounts, from February 2, 2017.

Reasons

1. Basic facts

A. Defendant D requested Defendant A and B to lend the test money to provide the real estate owned by Defendant A and B as security.

B. On December 13, 2013, Defendant D and Plaintiff A entered into a contract to establish a collateral security (hereinafter “instant collateral security”) with the content that: (a) Plaintiff A’s 12% interest rate of KRW 100,000,000 per annum; (b) the due date of payment on December 15, 2014; and (c) the money rent certificate with the content that Plaintiff D’s 12% interest rate of KRW 12% per annum; and (d) the land rent of KRW 90,200,000 for Seoul and Seo-gu Seoul (hereinafter “each of the instant real property”); and (c) the establishment of a collateral security (hereinafter “instant collateral security”) with respect to each of the instant real property.

C. Defendant C was delegated by Defendant D, who is the agent of Plaintiff A and E, with the application for the registration of the establishment of a neighboring mortgage following the conclusion of the instant contract for the creation of a neighboring mortgage.

On December 16, 2013, the establishment registration of the instant real estate was completed in the name of the Plaintiff A with a maximum debt amount of KRW 130,000,000.

Around July 30, 2013, Defendant D and Plaintiff B agreed to lend KRW 50,000,000 to Defendant D, and concluded a mortgage-backed contract with the maximum debt amount of KRW 75,000,000,000 with respect to each of the instant real estate owned as collateral for the said debt, and with respect to each of the instant real estate owned as collateral, Plaintiff B and Defendant D.

E. Defendant C, the agent of Plaintiff B and E, entrusted the application for the registration of the establishment of a neighboring mortgage following the conclusion of the instant second neighboring mortgage agreement by Defendant D.

On July 31, 2013, the establishment registration of a neighboring mortgage under the name of the Plaintiff B (hereinafter “instant collateral security”) was completed with respect to the instant real estate on the basis of the maximum debt amount of KRW 75,000,000.

F. On March 27, 2015, E seeks cancellation of the registration of creation of each of the instant units of establishment on the ground that the registration of establishment of each of the instant units of establishment was completed by a non-authorized agent.

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