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(영문) 서울고등법원 2016.03.18 2015나12453

손해배상(기)

Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant is co-defendant B of the first instance trial.

Reasons

1. Facts of recognition;

A. Co-Defendant B Co-Defendant B of the first instance trial (hereinafter “B”) is the representative of the company engaging in credit business, financial consulting business, real estate development, and trading business, etc., who is co-defendant C of the first instance trial (hereinafter “C”), and the Defendant is a person who has worked as a business director of B.

B. Around November 2013, Defendant and C entered into an agreement with the Plaintiff on the collateral security (hereinafter “second real estate”) in the name of the National Agricultural Cooperative Federation’s name (hereinafter “No. 3.84,240,000,000 won), each of which is established on the following: (a) Seowon District Court’s 2,182m2 G in the wife population G (hereinafter “One Real Estate”) and Seosan District Court’s Seosan Branch E; (b) M in the auction process; (c) H 708m2,081m2, 1,081m2, Jinnam-gun, Chungcheongnam-gun; (d) 5,849m2, K forest and fields; and (e) 23,829m2,24,000,000 won of the total amount of the credit security (hereinafter “No. 180,000 won”); and (e) 3.500,000 won of the credit security deposit (hereinafter “Defendant 184,50656,5667,586,4,50000,5”).

C. Accordingly, on November 12, 2013, the Plaintiff entered into a claim acquisition agreement with the 18th special purpose company with the purport of taking over the instant collateral security claim, and on the same day, remitted KRW 100 million to the 18th special purpose company totaling KRW 289,449,200.