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(영문) 인천지방법원부천지원 2015.02.13 2014가단41980
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff loaned C KRW 16,00,000,000 on October 1, 2010, and KRW 14,000,000 on October 14, 2012 to C.

B. Meanwhile, in order to borrow the above money, C issued a forged lease contract (the content that C leases deposit of KRW 130,000,000,000, and the period from September 26, 2009 to September 25, 201) to the Plaintiff. The Defendant’s name and seal is affixed to the broker column of the above lease contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is from December 1, 2010 to the same month, before lending the above KRW 14,000,000 to C.

9. The defendant presented the above lease contract that he received from C and confirmed whether the defendant arranged the above lease contract. The defendant believed that there was the fact that the defendant arranged the above lease contract, and the plaintiff received a promissory note and a certificate of loan for the total of KRW 16,000,000 from C prior to the loan of KRW 16,000,000,000. The defendant argued that the plaintiff trusted the above lease contract in collusion with C or confirmed that the above lease contract was actually prepared as if it was actually prepared, and that the plaintiff would incur damages for 30,000,000 won to C and the above lease was not collected. The defendant claimed against the defendant for compensation for damages for the above tort and damages for delay of KRW 14,00,000.

B. The practicing licensed real estate agent, practicing licensed real estate agent, and licensed real estate agent affiliated with the broker are required to use the registered seal to be used in brokerage after registering the seal (Article 16 of the Licensed Real Estate Agent Act). The forged lease agreement places other seals than the seals registered by the defendant, and the real estate agent’s signature and explanatory note of the object of brokerage are affixed.

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