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(영문) 대법원 2016.02.18 2015다8131

손해배상(기)

Text

The part of the judgment of the court below against the defendant is reversed, and this part of the case is remanded to the Daegu High Court.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, in full view of the circumstances in its reasoning, the lower court determined as follows: (a) the Defendant, either intentionally or by gross negligence; (b) excessively assessed the collateral value of FF forest No. 46,116 square meters in Gyeong-gun, Chungcheongnam-do; and (c) loaned KRW 150,00,00 to D on August 7, 2002 in excess of the possible amount of loans under the credit-related provisions (hereinafter “instant loan No. 1”); (b) on racing-si, X X 63 square meters, Y-si, 829 square meters in size; (c) assessed the collateral value of 665 square meters in size in excess of the possible amount of loans under the credit-related provisions; and (d) determined that the Plaintiff suffered damages equivalent to the excess amount calculated by multiplying the loan amount of each of the above loans by the excess amount ratio (hereinafter “instant loan No. 5”).

The judgment below

In light of the records, the above determination by the court below is acceptable, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.

2. Regarding ground of appeal No. 2

A. According to the reasoning of the lower judgment and the record, in calculating the Plaintiff’s amount of damages, the lower court calculated the Plaintiff’s amount of damages: ① the amount calculated by adding the amount of unpaid principal and interest of KRW 13,028,630 as of September 22, 2004 to the amount of unpaid principal and interest of KRW 22,413,408 as of September 22, 2004, to January 8, 2013, the amount of unpaid interest of KRW 13,502,210 as of January 1, 2013, the amount of unpaid interest of KRW 33,502,210 as of September 30, 201; ② the amount calculated by multiplying the amount of unpaid principal and interest of KRW 43,292,648 as of September 30, 2010 by the amount of unpaid principal and interest of KRW 13,000 per annum 308,784,86,486).