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(영문) 부산지방법원 동부지원 2018.11.27 2017가단209015

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. B bank acquiring B bank’s collateral, under the Plaintiff’s credit guarantee, extended operating funds to the LAB bank (hereinafter “C”), and received various recommendations, including, on November 21, 2005, the establishment of collateral security (the maximum amount of claims 100 million won; hereinafter “instant collateral security”) with respect to the building E and its ground (hereinafter “instant real estate”) from D in Kimhae-si, Kimhae-si, as follows, in order to secure its loan claims.

Serial 4205-11-210,000,000 D (property guarantee) for the 1999-7-8 to 2010-3530,000,000 C (debtor) for the collateral security or the content of the collateral security, and for the 2001-8 to 350,000,000 C for the 3205-10-10-14,000 C (debtor) for the 42005-11-210,000,000 for the 5205-7-8 to 2010-6-16,469, 2000 for the above ground building and the 5205-7-608 to 2007-208 to 605 to 206-160,200 for the 200 G collateral security.

B. As of April 1, 2011, the Plaintiff’s subrogated C bears the obligation of KRW 1,468,79,822 and interest KRW 36,206,130 to B Bank as of April 1, 2011. However, the Plaintiff, as a credit guarantee agent, subrogated to B Bank for the total amount of KRW 816,042,60,03, among the above loans, KRW 807,273,732 and interest KRW 8,768,871.

After the payment by subrogation, C's obligations of the principal were 688,963,349 won and damages for delay.

C. On May 3, 2011, B Bank prior to the right to collateral security transferred to the Defendant the claim for the above right to collateral security loan, and the instant right to collateral security was also transferred to the Defendant on the ground of the “transfer of claim as of August 5, 201” on May 3, 2011.

C A. On February 11, 2011, upon C’s application for rehabilitation (the Changwon District Court 201 Gohap8) on or around February 11, 201, the Plaintiff and the Defendant filed each report on rehabilitation security rights based on the right to collateral security under the name of the Defendant, which was completed in the Defendant’s workplace (the F and its ground building). C is the principal of the loan to the Defendant.