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(영문) 부산지방법원 2014.07.09 2013가합48848
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around January 2012, the Plaintiff entered into an agreement on the registration, authentication, execution, deposit, litigation (including auction and non-contentious case) arising in connection with the Plaintiff’s lending business with the Defendant, a certified judicial scrivener, and the Plaintiff (hereinafter “instant business agreement”), and entered into the said agreement on the submission of documents necessary for the application of the instant case, and entered into the said agreement separately from the said agreement:

(hereinafter referred to as the “instant agreement”). 1. When a problem arises in the course of performing the duty of inspecting the transferred household to the debtor entrusted by the defendant to the plaintiff, all of the liabilities of the defendant shall be borne by the defendant.

2. In a case where damage was incurred as a result of the business performance under the above Paragraph (1), regardless of the defendant's intention or negligence, the defendant's liability is borne by all. The plaintiff is not liable for the defendant's damage liability.

B. On October 5, 2012, B filed an application with the Plaintiff for a loan necessary for the purchase of an apartment house of Busan Shipping Daegu Factory 520 (hereinafter “instant apartment house”), and the Plaintiff requested the Defendant’s employees D to “B along with B, the details of the transfer household inspection on the instant apartment house of this case that B was issued to the Busan Geum-gu District District Office of Property Office of Property (hereinafter “instant apartment”).”

C. However, D had not been placed in the above community service center with B, and B had it issued the details of perusal of the household of the apartment of this case, and after having been issued the details of perusal of the household of this case, the tenant E on the above details of perusal of the household of this case was knifeed into the E in the above part, and then submitted to the Plaintiff by forging the above details of perusal of the household of this case, as if there was no tenant on the apartment of

As above, the Plaintiff trusted the duty of inspection of the transferred household, and loaned KRW 147,00,000 to B.

(c).

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