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(영문) 수원지방법원 2021.01.27 2019가합23292
손해배상(기)
Text

1. Defendant B: (a) with respect to KRW 210,00,000 and KRW 50,000,000 among the Plaintiff; (b) from December 14, 2018, and KRW 160,00,000.

Reasons

1. Determination as to the claim against the defendant B

A. The Plaintiff, via the “D” brokerage business entity operated by Defendant C, lends each of the loans worth KRW 50 million on December 14, 2018, and KRW 160 million on December 19, 2018 to Defendant B via the “D”, and obtained the right to collateral security on the four bonds owned by Defendant B as collateral.

In this regard, even though there is no security deposit in excess of the market price and there was no value as security in each of the above buildings, Defendant B, as if there was no lessee in each of the above buildings, forged the above detailed statement of inspection of the transfer generation of each of the above sub-Dongsan, thereby deceiving the Plaintiff as if there was a value as security.

Therefore, Defendant B shall pay damages for delay calculated at the rate of 12% per annum as stipulated by the Civil Act from December 14, 2018, which is the date of tort, to the Plaintiff for the total amount of KRW 210 million and KRW 50 million among them, and from December 19, 2018, to December 24, 2020, which is the date of delivery of a copy of each complaint of this case from December 19, 2018, to June 24, 2020, and from the next day to the date of full payment, the damages for delay calculated at the rate of 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

B. Judgment which considers a confession based on recognition (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. Determination as to the claim against Defendant C

A. 1) On December 14, 2018, the Plaintiff agreed to set the interest rate of KRW 20 million with Defendant B as 2% per month and paid KRW 49 million to B on the same day after deducting the interest rate of KRW 1,00,000,000,000 to Defendant B, and the Plaintiff was set up a collateral security right of KRW 75,00,000 with respect to the claim F of building E located in Nam-gu Incheon Metropolitan City owned by Defendant B.

2) On December 19, 2018, the Plaintiff agreed to grant a loan of KRW 160 million with Defendant B by setting interest rate of 2% per month. On the same day, the Plaintiff paid KRW 160 million to B on the same day, and Defendant B paid KRW 100 million to Defendant B, which was owned by Defendant B, the right to collateral security of KRW 120,000,000 for Defendant B and the maximum amount of the bonds KRW 12,00,000,000 to Defendant B, and Incheon.

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