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(영문) 인천지방법원 2017.01.12 2015가단28370
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The grounds for the plaintiff's claim are as shown in the attached Form.

The defendant's tort causes damages of KRW 31 million due to the loss of real estate, and the defendant is liable for compensation to the plaintiff.

However, there is no proof of the plaintiff's assertion that the plaintiff paid interest in full.

Rather, according to each reply of financial transaction information by the new bank, the overdue interest can be acknowledged.

Even if the Defendant’s filing an application for a ruling to commence auction on May 22, 2014 was earlier than the 25th day of the same month, which is the due date for the payment of interest for the relevant five-month period, and thus is unreasonable, considering the fact that the ruling to commence auction in Incheon District Court C has reached the delivery to the Plaintiff himself/herself on March 24, 2014 (less there is no dispute between the parties), it is difficult to acknowledge a proximate causal relationship that the Plaintiff caused the result of the Plaintiff’s loss of ownership due to the Defendant’s early application for the ruling to commence the auction.

Therefore, the Plaintiff’s assertion is without merit and thus rejected.

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