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(영문) 대전지방법원서산지원 2016.06.02 2015가합914
손해배상(기)
Text

1. Defendant C shall pay to the Plaintiff KRW 215,110,00 and the interest rate of KRW 15% per annum from February 4, 2016 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B is the friendship of the Plaintiff, and Defendant C is the Dong-gu of the Plaintiff, and Defendant C is the Dong-si of Defendant B. (2) Defendant C decided to purchase the land E, F, and G (hereinafter “instant land”) from D, and around May 2007, to allow the Plaintiff to cultivate the land if he borrowed the purchaser’s name in order to purchase the instant land. In order to pay the balance, the Plaintiff shall obtain a loan in the name of the Plaintiff, and the loan shall not be damaged if the loan is given in the name of the Plaintiff, and the loan is given in the name of the Plaintiff.” On October 2007, Defendant C received documents, such as a certificate of personal seal impression, a certified copy of resident registration, and a farmland ledger from the Plaintiff.

3) On November 2, 2007, Defendant C completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant land. On the same day, Defendant C created a collateral of KRW 520 million with a maximum debt amount of KRW 520 million with a loan of KRW 400 million from the South East Eastdong Credit Union, and used the remainder of the purchase price of the instant land as the purchase price of the instant land, and used the remainder for personal purposes unrelated to the purchase of the instant land. (B) On March 22, 2012, Defendant C applied for the payment order against the Plaintiff on March 22, 2012 against the Plaintiff for the payment order of KRW 40 million with a loan amount of KRW 32 million with a debt amount of KRW 520 million with a debt amount of KRW 500 million with a loan amount of KRW 400 million, and the said payment order was finalized on March 27, 2012.

2) The Plaintiff and the employees of the South Eastern Credit Union had the Plaintiff borrow a loan of KRW 400 million and had the Plaintiff obtain a loan from the Plaintiff, and then accused the Defendants and H as fraud. 3) As a result, Defendant C filed a complaint against the Defendants and H as fraud. 120 million of the purchase price of the instant land.

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