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(영문) 서울서부지방법원 2015.05.21 2014가합4798
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On August 3, 2011, the Plaintiff: (a) leased 80,000,000, monthly rent of KRW 300,000; (b) the term of lease from August 15, 201 to August 14, 2012 (hereinafter “instant lease contract”); (c) paid KRW 80,000,000 in aggregate of deposit money to D from August 31, 201 to August 31, 201 (hereinafter “the instant contract”); and (d) paid KRW 80,00,000,00 in aggregate of deposit money to D for the instant officetel from the same day to the same day (hereinafter “the instant deposit money”); and (e) received the registration of chonsegwon establishment due to a contract establishing a chonsegwon on July 28, 2011.

(hereinafter referred to as “registration of creation of chonsegwon”). B.

On May 24, 2012, the Plaintiff lent KRW 50,000,00 to D at the interest rate of KRW 2% per month, and the due date of repayment on November 23, 2012.

(hereinafter “instant loan”). C.

On August 1, 2012, the Plaintiff received a cash custody certificate (debt certificate) from G, the representative director of the D Company, as follows (hereinafter “instant cash custody certificate”), and G closed the F private house on August 12, 2012.

D’s debt amount of KRW 130,000,000 (NON Amount of KRW 80,000,000) (debted Amount of KRW 50,000,000) as the debt amount of KRW 130,000,000, the debt amount of KRW 50,000 shall be kept by the debtor until September 30, 201

9. 31. The Plaintiff undertake to repay without any condition. D.

The Plaintiff, on September 11, 2012, was created by D with respect to the instant officetel 101, which is owned by it, a collateral security at KRW 156,000,000 with respect to the instant officetel 101.

(hereinafter “instant collateral security”). E.

Defendant B received the registration of transfer of ownership from D on January 16, 2013 on the instant real estate due to sale on December 13, 2012.

E. As to the instant real estate from Defendant B, Defendant C, the same student of G, has registered the right to claim transfer of ownership based on the reservation made on January 31, 2013 as of January 29, 2013.

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