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(영문) 서울동부지방법원 2016.12.13 2015가단16294
손해배상
Text

1. Defendant B and D jointly share KRW 50 million with the Plaintiff and their relation thereto from April 24, 2012 to December 13, 2016.

Reasons

1. Basic facts

A. Defendant D is the head of F Co., Ltd. (hereinafter “F”), Defendant C is the F’s employee, and Defendant E is the director of H (hereinafter “H”) who is the lending company.

B. The Plaintiff, upon introduction of Defendant B, intended to sell F 1,940 square meters prior to I in Busan City owned by the Plaintiff (hereinafter “instant land”). On April 20, 2012, Defendant C, a F employee, was the purchaser of the instant land. “The Plaintiff sold the instant land to Defendant C at KRW 300 million. The Plaintiff succeeded to the purchaser of the instant land who received a loan of KRW 130 million as security, and paid only KRW 170 million.5 million out of the down payment KRW 1750 million, the Plaintiff received a loan of KRW 50 million to the Plaintiff on April 27, 2012, with the Plaintiff’s share transfer of KRW 200,000,000,000 from the date of the instant contract, KRW 50,000,000,000,000,000,0000,000 won, which was KRW 300,000,000,00.

“For the purpose of this, the Plaintiff permitted the establishment of the right to collateral security of Defendant C, a mortgagee H, and a maximum debt amount of KRW 50 million with respect to the instant land, affixed a seal impression on the document establishing the right to collateral security, and delivered the certificate of personal seal impression to the Defendants.

With respect to the land of this case, the Daejeon District Court's Masan Branch of the Daejeon District Court's Masan Branch of the District Court (26349, April 24, 2012), Defendant C’s obligation is the debtor’s obligation.

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