손해배상(기)
1. The Defendant’s KRW 49,00,000 and the Plaintiff’s annual rate of KRW 5% from May 13, 2016 to January 11, 2017.
1. Facts of recognition;
A. The Plaintiff’s representative member B was in a relationship with Nonparty C with Nonparty D.
Around August 2007, C and D received a loan from a new bank credit branch in the name of D, and requested B to lend the Plaintiff’s name for the convenience of the loan, and B first accepted the opinion that the Seodaemun-gu Seoul Western apartment store in the name of D would offer 22 as security for the loan, and that the actual Plaintiff would not have any damage.
Therefore, B lent KRW 1.28 billion from a new bank to a new bank, and B lent the name of the plaintiff as the principal debtor, while additionally setting the real estate as stated in the attached list, which is the factory site owned by the plaintiff (hereinafter referred to as "loan from the new bank of this case", and the real estate listed in the attached list above, as security. On August 6, 2007, B created a collateral security (hereinafter referred to as "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage
B. Unlike the promise, C and D did not repay the loans of the instant new bank from December 2008 to the Plaintiff on a timely basis, and they were forced to pay them. However, in the end, the auction of the instant real estate was commenced based on the instant collateral security. Meanwhile, on June 15, 2012, C and D transferred the claims for the loans of the instant new bank to a limited company specialized in asset-backed securitization as of June 17, 2012, and again transferred the instant real estate to the Defendant on January 16, 2015, during the auction process.
C. In order to prevent the Plaintiff from losing the ownership of the instant real estate by auction, the Plaintiff agreed with the Defendant to suspend the auction procedure.
As a result, the plaintiff and the defendant as of February 16, 2015 are the plaintiff and the representative members.