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(영문) 의정부지방법원고양지원 2013.07.12 2011가합13753
가등기말소 등
Text

1. All of the plaintiffs' primary claims are dismissed.

2. All of the plaintiffs' respective conjunctive claims.

Reasons

1. Basic facts

A. 1) Nonparty D and E conspired in collusion with the Plaintiff to borrow money from the Plaintiff, despite having no intent or ability to pay the said money by investing in the import vehicle sales business, the said money was by deceiving the Plaintiff, thereby deceiving the Plaintiff to borrow a total of KRW 3.36 billion from November 30, 2009 to March 19, 2010, on three occasions. 2) D and E repaid the amount of KRW 1.53 billion out of the amount of the said acquired money to the Plaintiff around March 2010.

3) On May 19, 2010, D shall be liable to the Plaintiff on May 19, 2010 to the effect that “When E does not appear until September 2010, D shall be liable for the amount related to D, regardless of any reason. The amount shall be KRW 1.83 billion.” (No. 2; hereinafter referred to as “each of the instant notes”).

4) D) On September 1, 2010, D prepared an agreement with the Plaintiff to pay KRW 2.30 million to the Plaintiff A, and D shall pay KRW 2.30 million to the Plaintiff, and KRW 200 million shall be KRW 200 million on December 31, 201, KRW 200 million on July 30, 201, KRW 1.43 billion on December 31, 201, and KRW 50 million shall be paid until December 31, 201, and KRW 50 million shall be paid by August 31, 201 (Evidence 3; hereinafter “instant agreement”); and Section 5 of the said agreement shall include only the amount of damage related to E financial fraud, which is part of the amount of damage incurred by the Plaintiff, and Plaintiff A shall be paid by E.

5) Around December 2010, the Plaintiffs filed a criminal complaint against D and E on the grounds that D and E conspiredd with the Plaintiff to obtain KRW 5.76 million from the Plaintiff, and that they acquired KRW 1.194.5 million from the Plaintiff, respectively. 6) D and E conspired with E on April 6, 2011, and on November 29, 2009, the fact that D and E conspired with the Plaintiff to obtain money from the Plaintiff, despite having no intent or ability to make repayment by investing in the import vehicle trade, is to indicate the delegation of the transfer of a motor vehicle with the Plaintiff, and to sell and sell the imported vehicle.

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