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(영문) 서울동부지방법원 2017.01.18 2015가합1312
손해배상
Text

1. The Defendants jointly share KRW 59,360,000 with respect to the Plaintiff and KRW 5% per annum from March 28, 2015 to January 18, 2017.

Reasons

Facts of recognition

Defendant C is a certified judicial scrivener, and Defendant B is a director of a certified judicial scrivener who works with Defendant C, and the Korean Certified Judicial Scriveners Association (hereinafter “Defendant Association”) is an organization established by the Certified Judicial Scriveners Act as a member of a certified judicial scrivener.

The defendant association has a damage compensation mutual aid association under its jurisdiction in order to guarantee liability for damages to clients of affiliated certified judicial scriveners pursuant to Article 67 (1) of the Certified Judicial Scriveners Act.

Defendant C subscribed as a member of the said Compensation Mutual Aid Association from April 9, 2014 to March 31, 2015, with the limit of 200 million won, and the credit period from March 9, 2014.

On May 23, 2014, the Plaintiff and E (the wife of the Plaintiff) agreed to grant loans of KRW 174.2 million to D with interest rate of KRW 20,50,000 per month and October 15, 2014 (hereinafter “instant loans”) and entered into the following special agreement.

The method of receipt: 130 million won additional security for a divisible who requested by the principal to settle the debt amount of KRW 100 million prior to the deposit into Defendant B, F, G, and D accounts: The additional amount of KRW 250 million for Nam-si and the maximum debt amount of KRW 13 million: The additional amount of KRW 150 million shall be deposited to the debtor 15 days after the creation of the collateral security as set forth above.

b. The receipt for the money will be prepared separately when the money is deposited to the creditor.

B. On May 15, 2014, the Plaintiff wired KRW 30 million to G account, KRW 5 million to Defendant B’s account, and KRW 11.5 million to Defendant B’s account. On the 17th day of the same month, the Plaintiff paid KRW 13 million to the re-paid party purchased by the Plaintiff for D. On the 22th day of the same month, the Plaintiff newly lent KRW 2 million to D by means of remitting KRW 12.7 million to D’s account on the 23th day of the same month.

In addition, the Plaintiff converted KRW 100 million out of the bonds previously held with D prior to the above loan into the loan of this case.

The Plaintiff’s establishment of the instant right to collateral security is to secure the instant loan from D.

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