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(영문) 서울남부지방법원 2018.12.13 2018가합102219

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2010, the Plaintiff’s safe offered the following loans as security for apartment buildings.

(hereinafter “instant loan”). Defendant B participated in the instant loan as a managing director, and Defendant C as the chief director.

On March 8, 2010, 1200,470,000 won, 74% on March 8, 2010, 200,000 KRW 344,375,000,000 on March 8, 2010, KRW 76% on March 8, 2010, 375,000,000 KRW 76% on March 11, 2010, about KRW 75,000 on March 37, 200,00 KRW 35,50,005 billion on March 11, 201, KRW 375,420,000 on March 41, 201, KRW 17,500,000 on March 17, 201, KRW 475,506,500,500,000 on March 5, 2010.

B. The Plaintiff’s credit cooperative’s credit business rules [as of February 1, 2010, and as of the time when the Plaintiff’s credit cooperative was implemented, the Korea Saemaul Savings Depository Federation (hereinafter “Korea Saemaul Savings Depository Federation”) did not distinguish it and “Korea Saemaul Savings Depository Federation”.

[Enactment] and the credit operating manual (hereinafter “the credit operating manual prior to the amendment”) prescribed the following.

(1) The kinds of securities and rates of loans shall be as follows:

1. Real estate;

(a) A residential apartment (2) The apartment shall be governed by the provisions of the Credit Business Manual;

Article 3 (Request for Definition of Terms and External Appraisal) (1) The definitions of terms used in the operating manual of Part I shall be as follows:

2. The term "effective security value" means the value obtained by subtracting senior mortgage, security deposit, small deposit, senior bond, etc. from the appraised value;

4. The term "loan ratio" means the ratio showing the size of credit to the effective collateral value, which shall be calculated by the amount of credit and effective collateral value.

Type of effective collateral value loan ratio

1. Residential real estate:

(a)all units, multi-households, detached houses and part of multi-households are not dwellings;