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(영문) 서울중앙지방법원 2019.01.24 2018가단5057038
구상금
Text

1. The Defendant’s KRW 166,400,589 and the Plaintiff’s annual rate of KRW 5% from January 15, 2015 to February 13, 2018.

Reasons

1. Facts of recognition;

A. Under Article 26(1) of the Certified Judicial Scriveners Act, the plaintiff shall have a damage compensation mutual aid association under its jurisdiction as a juristic person established pursuant to Article 62 of the Certified Judicial Scriveners Act, and where a certified judicial scrivener who is the cause of the mutual aid association causes property damage to a mandator intentionally or by negligence in performing his/her duties, the mutual aid project to guarantee liability for damages and accordingly, the defendant shall pay the mutual aid amount of KRW 200 million per member for one year as a certified judicial scrivener.

B. On April 30, 2013, Nonparty C is liable to compensate for damages and litigation related thereto; Nonparty C is liable to compensate for the damages of the Defendant; and Nonparty C is liable to compensate for the damages of the Plaintiff and to compensate for the damages of the Plaintiff’s losses. Nonparty C is liable to compensate for the damages of the amount of 9 square meters per annum 99 square meters per annum per annum, E, 1739 square meters per annum

In order to prepare a sales contract for selling the real estate, the Defendant visited the Defendant’s office, which is a certified judicial scrivener, and delegated the affairs concerning the conclusion of the sales contract to the Defendant. Accordingly, the Defendant: (a) requested C to establish the right to collateral security as required by the purchaser of the instant real estate first; and (b) demanded C to cancel the said right of collateral security when the payment of the purchase price is delayed at one time; and (c) on the same day, C shall sell G and the instant real estate at KRW 200,000,000, and the down payment amount of KRW 200,000 is paid at the time of contract; and (d) the intermediate payment of KRW 60,00,000 among the intermediate payment was paid at the time of May 20, 2013; and (e) entered into a sales contract with each of the following special agreements:

1. The seller shall execute the procedures for the registration of creation of a mortgage (the maximum amount of claims: 400,000,000 won, and the debtor: H and creditor: I) with respect to the above real estate by a creditor designated by the purchaser;

2. As to the cancellation of registration of creation of collateral security under the above Paragraph 1.

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