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(영문) 서울고등법원 2019.06.13 2018나2072735
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the representative of a personal business entity with the trade name of “F” and “F” is the Plaintiff’s person who actually operates the Plaintiff’s business of selling and selling machinery with the trade name of “D.” Defendant B is the employee of “D” as the agent of Defendant B. Defendant C is the employee of “D.” Defendant C) around September and around October 2012, the Plaintiff purchased machinery from Defendant B in the manner that the Plaintiff entered into a lease agreement with “G” (hereinafter “G”) and the Plaintiff would pay the relevant rent.

In the event that the Plaintiff did not perform his obligation to pay the lease fee, Defendant B and G entered into an agreement on the repurchase of leased articles (hereinafter “instant repurchase agreement”) with the content that Defendant B shall recover and dispose of the machinery and equipment, which is the leased object, and then pay the proceeds from the sale of the machinery and equipment to G.

B. 1) On October 29, 2012, Defendant C appeared at the HJoint Law Office as an agent of the Plaintiff and as an obligee himself/herself and borrowed KRW 120,00,000 from Defendant C at an annual interest rate of 30% (payment on the last day of September 26, 2012) and the due date of payment on December 31, 2012. The Defendant C provided one set of two major presses in the Plaintiff’s possession as security, one of the voltage cutting machines, and one of the two flexibles (hereinafter “the movable of this case”), respectively (hereinafter “the movable of this case”), and if the said borrowed money is not performed, it shall be deemed that there is no objection to the establishment of a notarial deed, even if it is appropriated for repayment of obligation by realization of the movable of this case, and the notary public entrusted the notarial deed with the establishment of a notarial deed as a notarial deed under the entrustment of HJoint Office as a notarial deed under Article 2012.

2) The letter of delegation attached to the Notarial Deed in this case is not more than the letter of delegation.

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