(영문) 서울동부지방법원 2016.11.25 2014가합10883

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(영문) 서울동부지방법원 2016.11.25 2014가합10883

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 9, 2013, the Plaintiff, via the Defendant, entered into a loan agreement with C and D by setting the amount of KRW 100 million per annum of interest, 30% per annum, and three months after the due date for repayment (hereinafter “each loan agreement of this case”) as security, and paid KRW 92,50,000,000 per annum (hereinafter “the loan of this case”) to C and D, respectively, after deducting the amount of KRW 7.5 million from each preference interest.

At the time of the conclusion of each loan for consumption of Songpa-gu Seoul Metropolitan Government contract, C delivered to the Plaintiff through the Defendant a lease agreement on each apartment (the second lease agreement of this case) and a written agreement on security loan jointly signed by each of the above lessors and lessees (the second lease agreement of this case referred to as "each of this case") as well as a written agreement on security loan jointly signed by each of the above lessors and lessees (the second lease agreement of this case of this case of this case of this case of each of the following lease agreements).

However, all of the lease agreements and written consents in the instant case were forged, and C’s claim for the refund of the above lease deposit was provided as collateral to the Food Savings Bank prior to the total amount, and D paid only KRW 30 million to the above apartment house, and it was excessive to the tenant who resides in the monthly rent.

As a result, C and D have become final and conclusive after the conviction due to fraud, etc.

[Ground of recognition] The plaintiff's assertion of the facts without dispute, Gap 2 through 4, and 6 evidence (including a serial number, hereinafter the same shall apply), witness C and D's testimony, and the purport of the whole pleadings is as follows. The defendant is obligated to pay to the plaintiff the sum of the amount equivalent to the loan of this case 185 million won and damages for delay.

The claim for the agreed amount: the defendant shall lend the money to the plaintiff to C and D.

유사 판례

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-서울서부지방법원 2020.02.12 2019고단3137

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