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(영문) 창원지방법원통영지원 2014.01.14 2012가단12046

손해배상(기)

Text

1. The Defendants shall jointly and severally serve as KRW 91,00,000 on the Plaintiff and as a result, from August 30, 2012 to January 14, 2014.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized by taking into account each of the descriptions of Gap evidence 1-1, 2, 3, and 2-1 to 9, Gap evidence 4, 5, and 6-1, 2, and the whole purport of the arguments as a result of the request for appraisal by the appraiser C of this Court for appraisal.

[Loan by the Plaintiff and Appraisal of Real Estate Market Price by the Defendants]

A. A. Around June 2008, D applied for a loan to the Plaintiff (the competent branch) by collateralizing each of the lands listed in the separate sheet No. 1, which is owned by D, and around that time E applied for a loan by collateraling each of the lands listed in the separate sheet No. 2, which is owned by E, to the Plaintiff. On June 2008, the Plaintiff requested the Defendant A Co., Ltd. (hereinafter “Defendant Corporation”) established for the purpose of understanding the collateral value of each of the above lands in order to understand the collateral value of each of the above lands.

B. As of June 13, 2008, Defendant B, a certified public appraiser affiliated with the Defendant Corporation, assessed each of the values of the lands listed in the separate sheet No. 1 on June 13, 2008, in total of KRW 555,318,00,00 as of June 13, 2008, and the value of each land listed in the separate sheet No. 2 (each of the above buildings offered as security along with each of the above land was excluded from the appraisal) as of June 13, 2008, and submitted each of the appraisal statements (hereinafter “instant appraisal”) to the Plaintiff as of June 13, 2008.

C. Accordingly, the Plaintiff applied 65% of the security recognition ratio according to the Plaintiff’s internal criteria: ① evaluated as KRW 360,956,700 (=55,318,000 x 0.65) the security value of each land listed in the separate sheet No. 1 (=55,318,000 x 0.65); and granted a loan of KRW 360,000 to D on June 17, 2008; and at the same date, the ownership transfer registration for each land listed in the separate sheet No. 1 was completed in the separate sheet No. 468,00,000 in the first priority order; ② the security value of each land listed in the separate sheet No. 2 = 322,261,50 x 495,787,000 x 0.0.