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(영문) 수원지방법원 2016.08.11 2015가단128406
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 13, 200, the Defendant completed each registration of ownership transfer with respect to the land of 159.2 square meters in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant land”) and the 85.12 square meters in each of its ground brickd and 19.89 square meters in each of the instant housing (hereinafter “instant housing”).

B. After the Korea Housing and Commercial Bank, the Defendant changed the mortgagee to the Korean National Bank.

60,000,000 won was loaned from a national bank (hereinafter “loan”), and the debtor, the defendant, the maximum debt amount of 78,000,000 won was set out regarding the site and housing of this case.

C. The Plaintiff extended the second floor of the instant house into the expense of KRW 40,000,000 on March 2006. On May 30, 2006, the Plaintiff moved the second floor of the instant house into the second floor of the instant house and live together with his wife.

On July 1, 2009, the Plaintiff, while holding the Defendant’s seal imprint, resident registration certificate, and the registration rights to the instant land and housing, visited North Korea-U.S. Credit Union to borrow KRW 100,000,000 under the Defendant’s name, and used it for the Plaintiff’s personal purpose, such as repaying the principal and interest of the loans of the National Bank under the Defendant’s name.

E. The Plaintiff was convicted of the facts constituting a crime that forged a loan transaction agreement, etc. under the name of the Defendant during the course of obtaining the said loan (U.S. District Court 2013No606, 2014No1448).

F. As above, the Defendant brought a lawsuit against the Plaintiff for damages (U.S. District Court 2014Kadan38421) on the ground that the Plaintiff, by stealing the Defendant’s name as above, inflicted damages on the Plaintiff, such as receiving KRW 100,00,000,00,000, etc., by taking advantage of the Defendant’s name, and “the Plaintiff of this case” in the said lawsuit refers to “the Plaintiff”.

The plaintiff refers to the "defendant" of this case.

The amount of KRW 34,68,411 and the interest thereon shall be 5% per annum from May 27, 2014 to July 23, 2015, and 20% per annum from the next day to the date of full payment.

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