손해배상(기)
The Defendant’s KRW 104,344,990 for the Plaintiff and its related KRW 5% per annum from June 2, 2018 to January 14, 2021, and January 15, 2021.
1. Occurrence of liability for damages;
A. The following facts are recognized in full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1 to 5, 7 to 11, 17, 24, and 25:
1) On December 12, 2016, C Co., Ltd. (hereinafter “D”) granted a loan of KRW 450,00,000 to D, and completed the registration of establishment of the right to collateral security (No. 24579), which was received on December 12, 2016, by using the real estate recorded in the separate sheet No. 1 (hereinafter “the instant real estate”) and the machines listed in the separate sheet No. 2 (hereinafter “the instant machinery”) as a factory foundation, with the maximum amount of the claim regarding the instant real estate as KRW 540,00,000.
2) On May 16, 2017, C Union applied for a voluntary auction on the instant real estate to Cheongju District Court E, and rendered a decision to commence an auction on May 17, 2017.
C On June 28, 2017, the Mutual Association transferred D’s loan claims and the instant collateral security to the Plaintiff, and notified D of the transfer of claims, and the said notification reached D on July 14, 2017.
On July 27, 2017, the Plaintiff completed the previous registration of the right to collateral security, No. 15410, which was received on July 27, 2017, for the instant real estate.
3) On June 2, 2017, the instant real estate and machinery were appraised in a voluntary auction procedure with respect to the instant real estate. As of June 8, 2017, the value of the instant real estate was assessed as KRW 671,06,330, and the value of the instant machinery was assessed as KRW 323,790,000, and KRW 994,856,330, in total.
4) On June 2, 2018, the Defendant, who is the de facto manager D, stolen the instant machinery by taking advantage of the following: (a) intrusion on the instant real estate and taking possession of the instant machinery.
After the Defendant’s theft act, the second appraisal was conducted on January 8, 2019 without the instant machinery. As of January 8, 2019, the value of the instant real estate was assessed as KRW 677,391,030 in total.
5) The instant case.