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(영문) 부산지방법원 2016.05.24 2014가단41823
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 18, 2012, the Plaintiff loaned D KRW 200,000,000 to D, and completed the registration of creation of a mortgage, which is the debtor D, and the mortgagee of the right to collateral security, with respect to the Nam-gu Busan E apartment F (hereinafter “instant real estate”) owned by D on January 18, 2012.

(hereinafter “instant collateral security”). B.

After then, Defendant B, a certified judicial scrivener, performed the cancellation registration procedure of the instant right to collateral security, upon request of G, the Plaintiff’s credit and the vice-subsidiary, and on February 1, 2013, the cancellation registration of the instant right to collateral security was completed.

C. However, around February 1, 2013, G was prosecuted on the charge of causing damage equivalent to the maximum debt amount to the Plaintiff by forging the power of attorney in the name of the Plaintiff regarding the procedure for registration of cancellation of the instant right to collateral security, by allowing Defendant B, who is aware of such fact, to submit a power of attorney, and exercising the right of attorney, by allowing the registration of cancellation of the instant right to collateral security to be kept after completing the registration of cancellation, and exercising it, and giving the right to exercise it at will in violation of his/her duties, thereby causing damage to the Plaintiff (In Busan District Court Decision 2015Da22235, 2015, 2015, 2015, 2399, 2015Gohap289, 2015, 298, 2015Gohap384, 2015, 2015, 384, 2015).

Since then, G was merged with other cases at the appellate court [the Busan High Court 2014No560, 2015No23 (combined), 242 (Consolidated), and 528 (Consolidated)] and sentenced 10 years of imprisonment and fine of KRW 500 million on January 28, 2016, and the final appeal was dismissed on April 28, 2016 and the judgment became final and conclusive.

Meanwhile, the registration of ownership transfer was completed in the name of H on February 4, 2013 with respect to the instant real estate, and the principal and interest of D is KRW 246 million as of January 18, 2016, and overdue interest is KRW 103,358,302.

E. Defendant B’s mutual aid projects operated by Defendant C Association (hereinafter “Defendant Association”).

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