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(영문) 서울남부지방법원 2016.10.14 2016가단212740
손해배상(기)
Text

1. As to Defendant B’s KRW 5 million and KRW 50 million among the Plaintiff, Defendant B’s KRW 55 million and KRW 2 million from December 15, 2014 and KRW 2 million.

Reasons

1. Facts of recognition;

(a) The relevant Defendant B is a person working at the E-Real Estate Broker Office located D in Pakistan;

The plaintiff requested the defendant B to engage in the lease brokerage of the studio building owned by the plaintiff, and the defendant C entered into a lease contract as a broker by the defendant B and became aware of each of the defendant B.

The Plaintiff and Defendant C did not have any relationship between the two or more persons by introducing Defendant B, or there was no relationship between them.

B. Around the beginning of December 2014, Defendant B requested the Plaintiff to lend KRW 50 million to the effect that “Defendant C has been awarded a successful bid at a court auction, but it is difficult to obtain a loan from a financial institution due to having a lien holder. It would be better for Defendant C to lend a certain amount of KRW 50 million to Defendant C on the condition of interest on the first day of each month. Defendant C’s completion of the registration of ownership after full payment of the successful bid price and completion of the registration of ownership of KRW 50 million,000,000 to Defendant C.”

(2) Accordingly, the Plaintiff remitted the amount of KRW 35 million on December 5, 2014 to Defendant C’s deposit account, and KRW 15 million on December 15, 2014.

(3) On December 5, 2014, Defendant C remitted KRW 35 million transferred from the Plaintiff to the F’s deposit account, a parent of Defendant C.

On December 15, 2014, Defendant C remitted the sum of KRW 15 million transferred from the Plaintiff and KRW 25 million transferred from the deposit account in the name of F on the same day to the G deposit account designated by Defendant B.

(4) Around January 2015, Defendant B received a demand from the Plaintiff to request a certificate of borrowing under the name of Defendant C, and around December 5, 2015, Defendant C issued to the Plaintiff with a false and forged the certificate of borrowing KRW 35 million on December 5, 2014, and the certificate of borrowing KRW 15 million on which the date is indicated.

(5) Defendant B remitted to the Plaintiff under Defendant C the amount of KRW 500,000 on January 13, 2015, KRW 500,000 on February 25, 2015, and KRW 500,000 on March 15, 2015 as interest.

C. The plaintiff's defendant.

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