손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
In fact, on November 4, 2000, the bankrupted mutual savings bank (hereinafter referred to as the " bankrupt company") made a loan to A without setting the due date for payment by 23% per annum on the interest rate of 1,000,000 won.
In around 2007, the bankruptcy company entered into a debt collection delegation agreement with the defendant, and delegated the debt collection to the defendant to the defendant. Under the above debt collection delegation agreement, there is no dispute between the parties as to the fact that the defendant is required to obtain prior approval from the bankruptcy company in order to reduce or exempt the debt to the debtor.
On December 17, 2007, the Defendant drafted to A a certificate of full payment (Evidence A 1) that the Defendant exempted the remainder of KRW 2,131,449, except for KRW 1,00,000,000,000, of the principal and interest debt obligations up to that time against A’s bankruptcy company, until December 17, 2007.
A paid KRW 1,00,000 to the bankruptcy company on December 24, 2007.
On April 29, 2011, a bankruptcy company was decided by the Financial Services Commission as an insolvent financial institution and appointed B as a custodian pursuant to Article 14-3(4) of the Act on the Structural Improvement of the Financial Industry, and on March 5, 2015, the bankruptcy was declared as 2012Hahap1, and the plaintiff was appointed as a trustee in bankruptcy.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, significant facts in this court, and the grounds for determining the purport of the entire pleadings, according to the above facts of recognition as to the grounds for a claim for determination of the purport of the whole pleadings, the defendant is obligated to pay damages to the plaintiff, who is the bankruptcy trustee of the bankruptcy company, for damages incurred to the bankruptcy company by arbitrarily exempting from KRW 2,131,449 out of the debt owed to Gap's bankruptcy company. Thus, barring any special circumstance, the defendant is obligated to pay damages to the plaintiff, who
The defendant's defense is proved to have obtained prior approval from the bankruptcy company in order to exempt A's debt 2,131,449 won to A's bankruptcy company.
On the other hand, the statement of No. 1 (written confirmation) that seems consistent with the defendant's argument is written.