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(영문) 인천지방법원 2014.08.22 2014가합3616
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 3, 6, 7, 8, 9, 10, 12, Eul evidence Nos. 1, 2, 3, 4, 9, 11, 12, 16, and 19 (including spot numbers, if any), the witness C and D's partial testimony, the fact inquiry results for the branch offices of the National Bank Many Office of the People's Bank, and the whole purport of the pleadings, and some testimonys in Gap evidence Nos. 8 and 10 against the above recognition are not believed.

On April 1, 201, the Plaintiff obtained a loan of KRW 100,000,000 from the National Bank of Korea (hereinafter “National Bank”), a total of KRW 130,000,000,000 (hereinafter “instant loan”). As security for the instant loan, the Plaintiff created a first-class collateral security right with the maximum debt amount of KRW 299,00,000,000,000,000,000,000 (hereinafter “instant loan”). As security for the instant loan, the Plaintiff set up a second-class collateral security right with the Plaintiff, the debtor, and the National Bank of Korea (hereinafter “instant commercial”).

On the other hand, the obligation of the instant loan was required to register the business of the lender with the facility loan.

Around February 2012, the Plaintiff entered into a sales contract with respect to the instant commercial building and the ownership transfer registration, with the brokerage assistant D of the G real estate, to sell the instant commercial building to H. However, H did not pay the intermediate payment and the balance of sales. As the Plaintiff did not pay the intermediate payment, the Plaintiff decided to sell the instant commercial building to a third party, and the purchaser was displayed at the time, and the Defendant, who was in office as a Grade 4 police officer in extraordinary civil service, was decided to purchase the instant commercial building upon introduction and recommendation by C.

On April 27, 2012, the Plaintiff sold the instant commercial building to the Defendant with the purchase price of KRW 270 million, but the down payment of KRW 5 million is paid on the contractual day, and the intermediate payment of KRW 250 million is paid on the contractual day, and the instant loan and the instant commercial building.

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