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(영문) 수원지방법원안산지원 2020.02.06 2019가합9580
손해배상(기)
Text

1. The Defendants jointly share KRW 350,000,000 to the Plaintiff and Defendant B with respect thereto from October 17, 2019, and Defendant C.

Reasons

1. Determination

A. A. Around June 8, 2009, Defendant B, along with Defendant C, forged one copy of the loan transaction agreement in the name of E at the Plaintiff’s office located in Sanandong-gu, Ansan-gu. Around June 8, 2009, Defendant B did not obtain permission for the establishment of the right to collateral security on real estate owned by E from E, and even if the Plaintiff did not obtain a loan from the Plaintiff, Defendant C received KRW 350,000,00 from the Plaintiff by submitting the above loan transaction agreement, etc. and making it possible for Defendant C to do so as to be the principal. There is no dispute between the parties.

B. Indication of claim 1 against Defendant C: 2) Grounds for entry: Article 208(3)3 of the Civil Procedure Act (amended by service by public notice).

Therefore, according to the theory of the lawsuit, the Defendants jointly have the obligation to jointly pay to the Plaintiff damages of KRW 350,000,000 due to joint tort as well as damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 30, 2019 following the delivery of a copy of the complaint of this case to October 17, 2019; and Defendant C has the obligation to pay damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings

2. In conclusion, the plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all.

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