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(영문) 대전고등법원 2014.11.07 2013나12257
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the observer H shall be revoked;

2. The Appointor H is KRW 300 million and its amount.

Reasons

1. Basic facts

A. The status of the Defendant and the designated parties is the person who was the representative director of F Co., Ltd. (hereinafter “Nonindicted Company”) and the designated parties G are the Defendant’s incidental, and the designated parties H are those who worked for the Vice Minister of Accounting and Accounting at the Nonparty Company.

B. D and E’s sub-lease contract for the instant private loan (1) was concluded on the first floor of the F I located in the city of Busan (hereinafter “instant hotel”) operated by the non-party company, and the deposit was KRW 300 million on May 19, 201 with respect to the instant private loan as to the instant private loan (hereinafter “the instant private loan”). The sub-party H, the sub-party H, the sub-party H, and the sub-party D and E’s sub-lease contract (No. 12) was concluded.

The time of the above sub-lease deposit under the sub-lease contract is determined to be paid simultaneously with the conclusion of the contract.

(2) On May 19, 201, at the time of the conclusion of the said sub-lease contract, in order to secure the return of the above lease deposit, a contract for the transfer of security was concluded with the name of the transferor G and the transferee as the Plaintiff (hereinafter “instant contract for transfer of security”). The non-party company participated in the said contract as the guarantor of the transferor as the agent of the transferor.

Meanwhile, on July 14, 201, the above contract of transfer for security (A evidence 4-1, 2) was certified by a notary public as Law Firm Cheongam, etc. No. 850 on July 14, 201.

(3) The said D’s fraud C requested the Plaintiff to make an investment of KRW 200 million out of KRW 300 million necessary for the said sub-lease contract.

Accordingly, the Plaintiff’s agent C through its agent C in the same year as KRW 20 million on May 27, 201, and the same year.

6.1.1. 180 million won and a sum of 200 million won were paid to the Plaintiff as D’s representative, and C receives from the Plaintiff the amount of money of KRW 20 million for the down payment of the sub-lease contract of this case and KRW 180 million for the rental deposit (Evidence 6).

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