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Reasons
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(영문) 인천지방법원 2015.05.22 2014가단61899
손해배상금등
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Plaintiff decided to purchase the C Heavy Mining Search Co., Ltd. (hereinafter “instant Mining Search Co., Ltd.”) which was owned by B, and at the time, the mortgage (the debtor B, the bond price of KRW 48.5 million; hereinafter “instant mortgage”) was set up on the instant Mining Search Co., Ltd. (hereinafter “I Capital”).

B. On July 16, 2013, the Plaintiff entered into a contract for a motor vehicle and industrial re-loan (hereinafter “instant loan contract”) with the Defendant on the condition that the Plaintiff would obtain a loan of KRW 39,100,000,000 from the Defendant, and that the Defendant would make a mortgage after acquiring the ownership of the instant re-rout season, and that the said loan will be repaid equally for the principal and interest for 36 months.

C. On July 16, 2013, the Defendant transferred KRW 39.1 million to the account of E (mutualF) that arranged the instant loan contract, and on the same day, KRW 35,513,947 was transferred from the said account to one capital account.

On July 26, 2013, the registration of transfer of ownership was completed under the Plaintiff’s name. On August 14, 2013, a mortgage was established on the ground that the Plaintiff, the mortgagee, the Defendant, and the bond value 39.1 million won was cancelled on August 19, 2013.

E. From August 26, 2013 to July 9, 2014, the Plaintiff paid KRW 11,734,731 in total to the Defendant for installment payments under the instant loan agreement.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 11, 12, 14-1, 2, 15-1, 2, 15-4, Eul evidence 2 through 4, 5-1, 2, and 6, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant should pay the loan under the loan contract of this case to E without paying it to the plaintiff.

Therefore, the Defendant’s above loans amounting to KRW 39.1 million and its payment from July 27, 2013 to March 2015.

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