손해배상(기)
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following order of payment is revoked, and that part is so revoked.
1. The facts of recognition, the summary of the party's assertion, and the reasons why the court should explain this part of this Court's liability are as follows: (a) the "Defendant J" of the first instance court's decision shall be applied to "Codefendant J of the first instance court"; (b) the "J" of the 10th court's 9th and 11th of the 14th court's decision shall be deleted; and (c) the "serious negligence" of the 14th and 11th and 12th of the 14th court's decision shall be as stated in the reasoning of the first instance court's decision, except where "any intention or serious negligence" is "any intention or grave negligence". Therefore, it shall be cited as it is in
2. Scope of liability for damages
A. 1) The amount of ordinary damages suffered by the mortgagee due to the cancellation of the registration of establishment of a collateral on the real estate owned by the defendant clan with trust in the resolution of the general assembly of the defendant clan which was null and void is equivalent to the amount of the loan extended to the debtor within the limit of the maximum debt amount within the limit of the value of the above real estate, which is the object of the collateral security, which is the valid resolution of the general assembly of the above clan, (see, e.g., Supreme Court Decisions 96Da25807, 25814, Sept. 20, 1996; 98Da27623, Apr. 9, 199).
3. As to this, Defendant B, F, 4.6 billion won cannot be included in the scope of Defendant clan’s physical guarantee, because it is an additional mortgage for securing the N’s operating capital unrelated to the down payment under the instant sales contract.