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(영문) 부산지방법원 서부지원 2018.08.22 2018가단102094
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From June 2016, C had a new construction of “E” on the land outside 11 parcels of land (hereinafter “the instant pention”) and the Defendant had performed the interior interior interior interior interior interior tegion construction work among the above pention construction work.

B. The Defendant asked the Plaintiff to provide funding by her finite finite finite finite finite finites.

C. Accordingly, on July 25, 2016, the Plaintiff, one of his own possession, proposed the instant house F (hereinafter “instant house”). On the instant house, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with the obligor, the Defendant, the Defendant, and the Busan Bank Co., Ltd. (hereinafter “Resan Bank”) with the maximum debt amount of KRW 165 million (hereinafter “the instant house”). The Plaintiff was loaned KRW 150 million from the Busan Bank (hereinafter “the instant loan”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 and 11, and the purport of the whole pleadings

2. On the plaintiff's assertion, the plaintiff argued that "the defendant will use the loan of this case only for three months on the loan of this case to the plaintiff," and that "two of this case's pension of this case shall be paid at the time of selling this case's loan," and that the plaintiff believed this and lent the loan of this case to the defendant, so the defendant is obligated to pay the plaintiff the loan of this case's 150 million won and damages for delay." However, the defendant is obligated to pay the loan of this case's loan of this case to the defendant. However, the following circumstances recognized by the above evidences, i.e., the mortgage of this case as follows, ① the defendant is not the plaintiff, but the defendant is the debtor, and the Busan Bank shall also directly transfer the loan of this case to the defendant. Therefore, the plaintiff was from the Busan Bank.

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