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(영문) 수원지방법원성남지원 2017.04.12 2016가단222421
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. D requested G, a certified judicial scrivener, to award a successful bid for the second floor of F building 201 to 205 (hereinafter “instant commercial building”) in order to be awarded a successful bid for the second floor of F building in Gun, Sinsan District Court E, where the voluntary auction procedure was in progress, and the Plaintiff was delegated by G, as a staff member of G, to participate in the auction, and the bid price was less than KRW 66,030,000, not the minimum sale price designated by D, but the minimum sale price was less than KRW 830,000,000, which was less than the above KRW 830,000,000 and acquired ownership by winning a successful bid for the instant commercial building.

B. D filed a claim against the Plaintiff and G for damages by asserting that: (a) the Plaintiff was negligent in failing to perform his/her duty of care necessary to perform the duties of care necessary to participate in the auction bidding entrusted by the Jeonju District Court; and (b) G is liable for damages incurred by the Plaintiff as the Plaintiff’s employer.

At the time of tort, the above court sentenced D's request on September 4, 2014 on the premise that the value of the commercial building of this case is the same as the appraisal price.

C. D appealed to the Gwangju High Court (Seoul High Court) 2014Na3073 (hereinafter “instant appellate court”), and the said court recognized the Plaintiff and G tort liability on June 2, 2016, and decided D as the highest purchaser with respect to the instant commercial building, it was previously holding its own reserve and determined that D would have been able to pay the sales price through the security loan or lease deposit, etc. received under the instant commercial building or the lease contract by resolving the lien problem,” and the Plaintiff and G jointly with D 173,501,052 won and its payment from March 18, 2014 to June 2, 2016 to the date of full payment.

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