logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2018.02.02 2017가합15631
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The instant land is based on December 18, 200, 200, as of 2,761 square meters and E 1,636 square meters (hereinafter “instant land”).

The land of Kimcheon-si was merged into D land on June 30, 2014, and the said D land was divided into G, H, I land from July 17, 2014.

Around October 201, the Plaintiff, the owner of the instant land, agreed with the Defendants to carry on the business of constructing and selling the leased buildings on the instant land as a partnership (hereinafter “instant partnership agreement”).

B. At the time of the instant agreement, the Plaintiff asserted that the Plaintiff was the National Agricultural Cooperative Federation, Gimcheon Agricultural Cooperatives Federation, but the mortgagee is recorded in the register as National Agricultural Cooperative Federation

Around November 30, 201, Defendant B provided the instant land as a security for the foregoing loan obligation with a loan amounting to KRW 720 million. However, around November 30, 201, Defendant B provided the instant land to the North Daegu Agricultural Cooperative as a security, and paid KRW 130 million remaining after obtaining a loan of KRW 850 million and repaying the existing loan to Defendant B.

On April 19, 2013, the Plaintiff offered the instant land as security to the Kimcheon Livestock Industry Cooperatives and borrowed KRW 950 million, and used the remaining KRW 100 million after repaying the existing loan.

C. Around September 2014, F agreed to purchase the instant land in KRW 1.2 billion with the Defendants who represented the Plaintiff, and to take over the obligation of KRW 950 million as collateral loans and pay only the remainder of the purchase price.

[Grounds for Recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 2 and 3 (including each number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff asserted compensation for fraudulent money or embezzlement money: (a) as the former room by which the Defendants sold the instant land, the Plaintiff acquired, embezzled, or embezzled the loan of KRW 130 million and the land sale price of KRW 250 million; and (b) thus, the Plaintiff should compensate the Plaintiff for the total amount of KRW 380 million.

arrow