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(영문) 수원지방법원 2016.07.20 2016노456
무고등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the non-appeal, the Defendants did not delegate I and H the cancellation of the registration of creation of the lower right of claim amounting to KRW 1.7 billion (hereinafter “instant lower right”) in the name of Defendant B as indicated in the lower judgment.

Even if such delegation was made, the delegation was withdrawn prior to the cancellation of the registration of the establishment of the instant mortgage.

Therefore, the Defendants’ report is not a false report, but a false accusation is not a crime.

B. As to the attempted fraud, the Defendants filed a claim for damages against the victim I for the same reason as the above paragraph (A).

Even if the Defendants were to delegate the cancellation of the registration of creation of the instant right to collateral security to I, as a certified judicial scrivener, I was in fact obligated to confirm the Defendants’ genuine intent at the time of the cancellation thereof, but failed to perform it properly. Therefore, the Defendants may claim damages against I on the ground of the breach of the said duty.

Therefore, the Defendants’ claim for damages does not constitute an attempted fraud.

2. The Defendants have the same assertion as that alleged in the lower court.

The court below rejected the assertion by explaining the judgment on this issue.

In addition to the following circumstances, the judgment of the court below is justified.

Therefore, the Defendants’ assertion is without merit.

① On October 2, 2008, the power of attorney (Evidence No. 18 pages of evidence) held on October 2, 2008, Defendant B borrowed KRW 500 million from J as collateral, and delegate all the powers regarding the transfer and cancellation of the instant right to collateral security to H.

If the above KRW 500 million is not satisfied by the due date, it shall be stated that the creditor shall not raise an objection to the transfer of the claim at any time or even if he/she disposes of it.

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