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(영문) 춘천지방법원 강릉지원 2018.04.17 2017나31156
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiffs corresponding to the following additional payment order:

Reasons

1. Basic facts

A. On May 28, 2010, the Plaintiffs purchased and operated the studio site and building located D at Gwangjuyang-si (hereinafter “each of the instant real property”), and borrowed KRW 70,000 from the Defendant with respect to each of the instant real property under the Plaintiff’s name as to September 1, 2010, the maximum debt amount of KRW 75,000,000 and KRW 65,000,000 on April 10, 2012, and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of each of the instant neighboring real property”).

B. The Plaintiffs respectively borrowed KRW 125 million around September 2012.

C. On June 7, 2012, Plaintiff A prepared each lease agreement as to No. 301 among the instant real estate and E, the Defendant’s infant, and the instant real estate, as to No. 404 on October 31, 2012, as to the Defendant and the instant real estate, and as to No. 304 on November 1, 2012, Plaintiff A prepared each lease agreement as to No. 304 from among the instant real estate and F, the Defendant’s wife and the instant real estate.

(hereinafter “each of the instant lease agreements”) D.

Around November 2012, the Defendant filed a complaint against Plaintiff A with the intent or ability to repay the debt under the 2013-type and 30449 of the Gwangju District Public Prosecutor’s Office, by deceiving Plaintiff A as if he/she were to have repaid the debt, and deceiving KRW 50 million (hereinafter “instant first complaint”). However, the Defendant was subject to a disposition of no suspicion on December 27, 2013 (hereinafter “instant first complaint”), and was suspected of receiving KRW 24.3 million from the same public prosecutor’s office around April 2013 (hereinafter “instant second accusation”). However, the Defendant was subject to a disposition of no suspicion on July 10, 2014 (hereinafter “instant second accusation”).

E. The Defendant filed a false complaint with G on July 30, 2014 in collusion with G for the purpose of having part of the loans transferred under the name of the Defendant, not the name of the Defendant, but the Defendant, and on July 30, 2014, with G for the purpose of having the Plaintiffs subject to criminal punishment, as if G were to obtain money lending from the Plaintiff, not having any relationship with the lending of money, under the 2014 type No. 22146 of the 2014-type 33 million won by deceiving the Plaintiffs.

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