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(영문) 수원지방법원 2018.10.10 2018가단5269
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged in full view of each statement in Gap evidence Nos. 2 and 5.

A. The Plaintiff is the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On October 25, 2013, the Plaintiff sold the instant real estate to C in KRW 535,500,000, and C paid the purchase price by October 30, 2013.

C. On October 28, 2013, C offered the instant real estate as collateral with the Plaintiff’s consent, and obtained a loan of KRW 490 million from D Agricultural Cooperatives (hereinafter “Non-Party Cooperatives”) under the name of the Defendant, and created a collateral security worth of KRW 637,00,000 in the future of the Non-Party Cooperatives.

C with the above loan, the Plaintiff repaid the Plaintiff’s collateral debt of KRW 345,00,000 to E, and cancelled the collateral, and paid KRW 62,30,000 to the Plaintiff on October 30, 2013.

E. Meanwhile, C extended the payment date on two occasions and paid the balance by May 23, 2014, but C ultimately did not pay the remaining payment to the Plaintiff.

F. From January 2016, the Plaintiff notified C of the cancellation of the sales contract for the instant real estate on the ground that C did not pay interest on the loan to the non-party partnership.

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the Plaintiff’s assertion is that, upon C’s request, the Defendant, designated by C as a collateral for the convenience of the payment of the purchase price of the instant real estate, made a physical guarantee so that the Defendant may obtain a loan from the Nonparty Cooperative, and the Defendant also received the loan from the Nonparty Cooperative with the knowledge of this fact and delegated the business of borrowing the loan from the Nonparty Cooperative C. In accordance with the purport of delegation, the Defendant pays the loan to the Plaintiff, a seller,

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