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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.10.22 2014나301787
양수금
Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

2. Defendant B’s 61,119,829 won and its amount.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by taking account of the respective entries in Gap evidence Nos. 1, 2, 3, 6, and 8 and the whole purport of the pleadings:

On January 31, 2008, the plaintiff was introduced by the defendant B, and the defendant was the forest of this case, where "the defendant company was less than D forest land in Ulsan-gun, Ulsan-gun, Inc. (hereinafter "the defendant company") as a co-defendant in the first instance trial and the farming company in the first instance trial."

(2) The Plaintiff invested KRW 70,00,000 in relation to a real estate development project being promoted in Japan. B. On February 1, 2008, the Plaintiff was established with regard to the forest of this case, which is under the name of the Defendant Company, as to the right to collateral security of KRW 70,00,000. The Defendants asserted that the Plaintiff is liable for losses incurred to the Plaintiff due to investing in the Defendant Company, or that Defendant B, who was delegated with comprehensive delegation from the Defendant C, prepared and delivered a written confirmation to the Plaintiff under the name of the Defendant C, and thus, the Plaintiff is liable to pay the Plaintiff the amount of losses incurred to the Plaintiff and the delayed payment thereof. If Defendant C is not deemed liable, the Defendant is liable as an unauthorized agent. On March 1, 2008, according to the Defendant’s signature signature and seal imprint No. 5-1 (the name of Defendant C, which is affixed by the Defendant’s seal imprint), the Plaintiff’s signature and seal imprint certificate No. 1 (the above Defendant’s seal imprint), the Defendant C’s seal imprint of the Defendant C.

Even if Defendant C transferred part of his/her share of the instant real estate acquired on December 5, 2007 to another person nine times from April 18, 2008 to August 5, 2009, and even if the transfer procedure was conducted by Defendant B’s agent, it is deemed that Defendant B had the power of attorney to prepare the said written confirmation prepared on January 25, 2008.

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