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(영문) 수원지방법원 2017.08.11 2015가합71798
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Plaintiff B owned each land listed in [Attachment] Nos. 1 through 3, and the Plaintiffs jointly owned each 1/2 share of the buildings listed in [Attachment List No. 4].

(hereinafter “instant real estate”). The Plaintiffs intended to sell the instant real estate, and around May 15, 201, proposed that they would purchase the instant real estate from Nonparty E and change the form and quality of the instant real estate at their own expense and pay the purchase price by receiving a loan as security.

B. On May 31, 201, when the Plaintiffs anticipated the occurrence of the loss, such as the impossibility of recovering the remaining purchase and sale price, E received loans from the Plaintiffs as collateral on the high-pollution level loan to the Plaintiffs, and did not complete the change of the form and quality, E completed construction by using the above loans kept by the Plaintiffs, and the Plaintiff and E consulted with the Defendant C, an employee of the Defendant Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”), at the F branch of Defendant D Agricultural Cooperative (hereinafter “Defendant Agricultural Cooperative”).

C. In the process of consultation on whether to grant a loan, Plaintiff A and E agreed to the name holder of the loan to Nonparty G rather than Plaintiff A. On May 29, 201, the Plaintiffs and G drafted a sales contract stating that the Plaintiffs sold the instant real estate to Nonparty H Co., Ltd. with the representative director (hereinafter “instant sales contract”).

Plaintiff

On May 31, 2011, A provided the instant real estate as collateral at Defendant Nonghyup F Branch, and applied for a loan of KRW 450 million to Defendant A as debtor G, and Defendant C deposited KRW 440,907,70,000, which is the starting date of the loan, after deducting appraisal fees and other expenses from G accounts on June 9, 201.

(hereinafter referred to as the “instant loan” and the “instant loan” are E.

40,060,00 won and 401,85,000 won respectively in the savings account of G on the same day.

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