logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.01.16 2012가단31625
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 13, 2010, the Plaintiff, upon introduction by Defendant C, set the amount of KRW 9,55 million (hereinafter “instant loan”) at 30% per annum, deducting the interest of KRW 100,000 from KRW 2,50,000,000,000 from KRW 100,000,000,000,000,000.

B. On April 13, 2010, D completed the registration of creation of a mortgage over the Plaintiff, F, the obligor D, and the maximum debt amount of KRW 150 million with respect to the real estate and above-ground buildings (hereinafter “instant real estate”).

C. At the time of the instant lease, the establishment registration of a neighboring mortgage-holder’s National Agricultural Cooperative Federation, debtor G, and maximum debt amount of KRW 60 million was completed on June 29, 201 with respect to the instant real estate, until June 29, 2011, with respect to the establishment registration of a right to lease on a deposit basis, which was held as H, and with respect to the said right to lease on a deposit basis, the establishment registration of a right to lease on a deposit basis was completed around KRW 120,000,000 with respect to the obligor H, the mortgagee, the mutual savings bank,

On January 29, 2013, the Plaintiff received dividends of KRW 67,076,629 in the auction procedure with respect to the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the assertion of non-performance following the non-performance of the implementation agreement of the establishment registration of the second neighboring mortgage

A. The Plaintiff asserted that at the time of the instant lease, the Defendants were jointly and severally liable to pay to the Plaintiff KRW 28,701,877, and damages for delay, on the ground that the Plaintiff was paid KRW 67,076,629 in the auction procedure for the instant real estate, since the Plaintiff failed to implement the agreement despite having agreed to complete the registration of the establishment of the second neighboring mortgage on the instant real estate as security, and the Plaintiff was paid KRW 67,076,629 in the fourth order.

As to this, Defendant B did not allow or have agreed to prepare the above letter, and Defendant C forged each letter in the name of Defendant B against Defendant B’s will.

arrow