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(영문) 수원지방법원 2018.12.11 2018나58387
손해배상(기)
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of appeal and this court.

Reasons

1. Basic facts

A. The Defendant had a loan claim amounting to KRW 160 million against the Plaintiff. On August 13, 2014, the Defendant entered into a lease agreement with the Plaintiff, setting the lease deposit amount of KRW 120 million as to the Plaintiff’s D Building No. 1821, Dong 607 (hereinafter “instant real property”) on behalf of the Plaintiff, Ansan-si, the Plaintiff owned on behalf of the Plaintiff, and appropriated the said lease deposit amount of KRW 120 million to the Defendant’s loan repayment.

B. As to the instant real estate, on August 29, 2014, the registration of ownership transfer was completed on August 28, 2014 under the Defendant’s name on August 28, 2014, and the registration of ownership transfer was completed on October 23, 2014 under the F’s name on November 7, 2014, and the transaction value on the registry is KRW 155,00,000, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 5, 29 evidence, Eul evidence 8-1, the purport of the whole pleadings

2. In the course of collecting the loan claims amounting to KRW 160 million against the Plaintiff, the Defendant, despite having not been delegated by the Defendant, arbitrarily leased the instant real estate in KRW 120 million and received KRW 120 million as the lease deposit, and by coercioning the Plaintiff to report the Plaintiff’s drinking driving to the police, acquired KRW 35 million (the amount obtained by deducting KRW 120 million from the lease deposit) by selling the instant real estate in the name of the Defendant for KRW 155 million after completing the registration of ownership transfer under the Defendant’s name after obtaining all documents related to the registration of ownership transfer from the Plaintiff and completing the registration of ownership transfer under the Defendant’s name.

However, the Defendant leased or sold the instant real estate at a lower level than KRW 10 million compared to the lease deposit or sale price of the instant real estate, thereby causing damage to the Plaintiff amounting to KRW 10 million.

In addition, the defendant did not return management expenses of 108,00 won on behalf of the plaintiff, and it did not return them to the plaintiff, such as false assault and violation of the Labor Standards Act.

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