Text
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff received delegation from both the several parts of the apartment unit D (hereinafter “the apartment of this case”) of the Gyeong-si, Chungcheongnam-si (hereinafter “the apartment of this case”), and delegated the affairs concerning the registration of the transfer of ownership of the above apartment and the establishment registration of the right to collateral security, and paid KRW 53,155,220 to the certified judicial scrivener E at the registration cost, and E embezzled the above registration cost.
B. On July 2018, the Plaintiff received from both parties to the portion of the apartment of this case, the claim for damages equivalent to the above registration cost against E, and notified E of the transfer of the claim.
(c)
The Plaintiff filed an application with the Plaintiff for a payment order with the purport that “E shall pay to the Plaintiff 53,155,220 won and its equivalent at the rate of 15% per annum from the day following the day when the original copy of the instant payment order was served to the Plaintiff,” and on July 27, 2019, the original copy of the said payment order was served to E on July 27, 2019.
8. 11. A final and conclusive date.
(d)
The non-party F Co., Ltd. (hereinafter “F”) embezzled the registration cost of G’s apartment in the port of port that E implemented by the F, and filed a lawsuit against the Defendant for the claim of the gold amount taken over at the Daegu District Court’s Pohang branch (Seoul District Court Branch Decision 2018Gadan 105215). On November 30, 2018, the Defendant deposited KRW 200 million of the mutual-aid amount with the Plaintiff and F as the principal of the F as the principal of the F, with the Seoul Southern District Court Decision 6517, 2018 (hereinafter “the deposit of this case”). The F withdrawn the said lawsuit against the Defendant.
E. F filed a lawsuit against the Plaintiff on the purport that the claim for payment of the instant deposit is F. (The Daegu District Court Branch Branch 2019 Ghana 101821). The Plaintiff filed a lawsuit against F against F to the effect that the claim for payment of KRW 53,155,220 out of the instant deposit was against the Plaintiff (the Daegu District Court Branch 2019 Ghana Branch 103643). The said court held that KRW 200 million of the instant deposit is equal to F and the Plaintiff’s damages.