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(영문) 서울중앙지방법원 2020.07.17 2019가합504823

손해배상

Text

1. The Defendant’s KRW 1,920,252,417 as well as 5% per annum from December 7, 2017 to January 17, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of investing in non-performing loans and non-performing assets (the trade name before and after the alteration was a “stock company”) and regardless of whether before and after the alteration was made, and the Defendant is a manager of a D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”), who mainly engages in the sale and purchase of non-performing loans and investment-related funds, employees management, and conclusion and approval of bonds acquisition contracts with investors.

B. From November 2013, the Defendant established D and recruited the buyers after the successful bid of non-performing loans, for the purchase and sale of non-performing loans by financial institutions, such as FF Bank and GF Bank, etc.

In the process, the price for the acquisition of bonds received from the above prior investors shall be used for the bid bond and the price for the acquisition of bonds of individual non-performing loans or non-performing loans by the financial institution, and the price for the acquisition of bonds received from the transferee after the successful bid should be used to cancel the pledge established in the relevant non-performing loans or non-performing loans POL. However, the defendant used the price for each acquisition of bonds to be used by the financial institution, which lent the balance for the successful bid of the non-performing loans, such as bid bond, the price for the acquisition of bonds, and the repayment of debts to the pledgee, but it is not used preferentially for the bid bond, the price for the acquisition of bonds, and the price for the repayment of debts to other prior investors of non-performing loans or

As a result, when there is a shortage of bid bond, bond acquisition price, and bond repayment fund to the pledgee, the defendant continued to collect another prior investor or bond transferee and then the prior purchaser is the money.