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(영문) 의정부지방법원고양지원 2016.11.30 2015가단33017
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff was unable to pay the down payment and the first installment after having sold the housing site subject to the relocation of the area C in 2010. However, in 201, Defendant B, a person in charge of lending from the Korea Land and Housing Corporation (hereinafter “Defendant Bank”), who was an employee of the Korea Land and Housing Corporation (hereinafter “Corporation”), who was in charge of managing the said housing site, was introduced to Defendant B. However, unlike the end of an employee of the Corporation (hereinafter “Defendant Bank”), who was in charge of managing the said housing site, was able to make a loan by 20% or more, Defendant B, a person in charge of lending of the Defendant Bank, was able to pay the intermediate payment at least 20%, and did not give an intermediate payment to the Plaintiff and did not cause the Plaintiff to pay the part payment in addition to the late payment interest rate.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 59,867,00 and damages for delay.

B. On the other hand, in order to acknowledge tort liability in a claim for damages caused by tort, it is recognized that there is a proximate causal relationship between the perpetrator’s intentional or negligent act, the existence of an illegal harmful act caused by the perpetrator’s intentional or negligent act, the occurrence of the victim’s damage, and the occurrence of the harmful act and the damage

In light of the above legal principles, the following circumstances are comprehensively taken into account: (i) the date and time alleged by the Plaintiff; (ii) there is no objective data supporting that Defendant B provided a loan consultation with the same content as the Plaintiff asserted by the Plaintiff; (iii) in order to obtain a loan from a Defendant bank for pre-sale of land, the person who was recommended to obtain a loan from the Corporation; and (iv) in the case of the Plaintiff, it is identical to the Plaintiff’s 4-2, 4-2, 4-2.

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