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(영문) 서울중앙지방법원 2017.12.05 2016가합15452
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The related plaintiffs of the parties are those who deliver money to E via D, and the defendant is those who operate the office of licensed real estate agents with the trade name of G real estate in Seocho-gu Seoul Metropolitan Government F along with E.

B. 1) D’s delivery, etc. of the Plaintiff’s money, etc. (i) heard that a person in need of funds may receive high interest by lending money after setting up a senior collateral on the real estate from a person in need of funds, and (ii) soliciting the Plaintiff, who is one’s own partner, and a third party, to make an investment in the event of surplus funds in advance of the said remarks. (iii) On March 30, 2015, Plaintiff B remitted KRW 300,000 to D on March 30, 2015. Plaintiff A also delivered KRW 400,000,000 to D, and D paid the above KRW 70,000,000 received from the Plaintiffs in the check, etc. and granted KRW 70,000,000 to E.

C. The contract under the name of the plaintiffs and the registration of creation of mortgage near the registration of creation of mortgage 1) B, etc. between the plaintiffs and H (Representative I) corporation under the name of the plaintiffs as indicated in the following table (hereinafter "each loan contract of this case"). The term "each loan contract of this case" is individually referred to as "the first loan contract of this case, etc." according to the sequence below.

(1) On April 22, 2015, Plaintiff B Co., Ltd. 1 B as security for the repayment period of interest on the date of the loan of the lender (payment of KRW 4,000,000 on April 22, 2015) 20,000 (payment of KRW 4,00,000 on June 21, 2015) Y or K Forest land (ownership of KRW 13,00,000 on April 10, 200,000,000 on April 30, 2015 (payment of KRW 2,00,000,000 on June 29, 2015), Plaintiff J or K Forest land (ownership of KRW 13,54,00 on June 29, 200 on June 30, 205, Plaintiff D Forest and Forest land owned on June 30, 2005.

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