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(영문) 서울중앙지방법원 2015.09.04 2014가합548132
손해배상(기)
Text

1. Defendant D’s each of the above amounts of KRW 150,00,000, and KRW 100,000 to Plaintiff A, Inc., and KRW 100,000,00 for each of the above amounts.

Reasons

The plaintiffs to be indicated in the claim against the defendant D obtained a certificate of personal seal impression with a forged resident registration certificate under the name of the defendant DF by forging the resident registration certificate under the name of F, and then, by forging the certificate of personal seal impression and the registration certificate on each real estate listed in the attached list (hereinafter referred to as the "real estate of this case") and deceiving the plaintiffs by suggesting each of the above documents that forged it to the plaintiffs. The above documents are composed of KRW 350 million from the plaintiffs.

(2) If Plaintiff B (Plaintiff C. 100 million won) was obtained as a loan and acquired as such, then Defendant D would seek damages equivalent to the above loan.

Article 208(3)3 and Article 194(3) of the Civil Procedure Act of the applicable provisions of the Acts (amended by Service by Public Notice) of the Civil Procedure Act, Defendant E, Seocho-gu Seoul Metropolitan Government, and the premise of a claim against the Republic of Korea is that Plaintiff A is a lending company, Plaintiff B is a loan service provider, and Plaintiff C is a credit service provider. On April 8, 2013, the Plaintiffs were provided with the instant real estate owned by F as security between Defendant D and KRW 350 million (i.e., Plaintiff B and each KRW 100 million) (hereinafter “instant loan contract”), and paid the said loan to Defendant D.

On April 8, 2013, upon the delegation of the plaintiffs by the plaintiffs, Defendant E applied for the registration of establishment of neighboring real estate and the registration of creation of superficies with respect to the instant real estate at the ASEAN Branch of Daejeon District Court, the registration application and the registration certificate, and the F’s certificate of personal seal impression.

According to the above application for registration, ① the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) was completed on the ground of a contract concluded on April 8, 2013 by the Daejeon District Court No. 20064, which was received on April 8, 2013.

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