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(영문) 서울고등법원(춘천) 2020.01.15 2018나1686
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff’s establishment, etc. of a right to collateral security (hereinafter “the instant real estate”) hearing from C the purport that “I will make an investment in the real estate located in the field of Young-gu and receive a loan by creating a collateral security on the real estate owned by the Plaintiff, and would make a profit from it.” The Plaintiff also hearing D and E (hereinafter “instant real estate”).

(B) On March 4, 2010, the maximum debt amount of KRW 150 million is KRW 150,000,000,000,000,000,000,000,000,000,000,000

(1) On April 14, 2010, the maximum debt amount of KRW 225 million, the debtor, the plaintiff, and the mortgagee G, the duration of the establishment registration of a neighboring mortgage, the duration of the establishment of a superficies, the duration of which was set up between April 14, 2010 and 30 years from April 14, 2010, and the duration of the establishment of a superficies, the superficies and superficies set forth as G with superficies (hereinafter referred

(2) Each of the aforementioned mortgages and superficies was completed (hereinafter collectively referred to as the “instant collateral security”).

(2) On September 29, 2010, upon the Plaintiff’s request, C prepared and delivered to the Plaintiff a written statement of performance that, by October 11, 2010, it is intended to fully repay and cancel all secured obligations arising from the registration of the establishment of the instant right to collateral security (hereinafter “instant statement of performance”). On the same day, the Defendant jointly and severally guaranteed the Plaintiff’s obligation based on the instant written statement of performance.

3) A and the Defendant failed to perform the obligation under the instant performance memorandum. Accordingly, the instant real estate was sold at KRW 150 million on March 9, 201 through a compulsory auction conducted in duplicate with an application for voluntary auction based on the Fmortgage, and KRW 150 million on the said proceeds of sale, except for the cost of execution and the interest on the sale, and KRW 156,384,057, out of the amount excluding the interest on the said proceeds of sale, were distributed to GIST in full. (b) The progress of the instant criminal case and the preparation of the agreement with the Plaintiff and C around July 2010, the Plaintiff filed a criminal complaint against C as a crime of fraud on the grounds that the Plaintiff was accused of money from C by deception around July 2010.

C around April 201, 201.

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