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(영문) 부산고등법원 (창원) 2017.04.20 2016나755

손해배상(기)

Text

1. Of the judgment of the court of first instance, KRW 250,00,000 against the Defendant and the annual amount of KRW 5% from August 25, 2015, and from August 26, 2015 to August 26, 2015.

Reasons

1. Basic facts

A. On October 10, 2014, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “instant collateral security”) with respect to the real estate (hereinafter “instant real estate”) indicated in the separate sheet (hereinafter “instant real estate”) owned by Co., Ltd. B (hereinafter “B”) on October 10, 2014.

The maximum debt amount of the instant real estate was KRW 1,300,000,000, and the highest priority mortgage for the debtor C and the defendant of the right to collateral security had already been established.

B. 1) On January 28, 2015, E, the Plaintiff’s partner and agent, and E, the Plaintiff’s actual agent, was loaned KRW 1,330,00,000 from the Defendant as security the instant real estate at the Defendant’s office for counseling at Defendant F Branch (hereinafter “instant loan”).

Of them, the Plaintiff agreed to preferentially pay KRW 250,00,000 to the Plaintiff. (2) At the time, there were the heads of Defendant F Branch Offices G, Vice-President H, Proxy I (hereinafter “G, etc. when referring to G, H, and I as a lump sum in the following), the staffJ of the certified judicial scrivener office in charge of the Plaintiff’s application for registration, and the staff staff of the certified judicial scrivener office in charge of the Defendant’s application for registration.

3) D issued K with documents necessary for the cancellation of the instant right to collateral security on its job. (c) On January 29, 2015, the Defendant completed the registration of creation of a collateral on the instant real estate as the obligor B and the mortgagee, and on the same day, cancelled the instant right to collateral security on January 28, 2015. On March 3, 2015, D cancelled the Defendant’s best priority right to collateral security on the ground of termination on March 3, 2015. (d) On January 30, 2015, D promised to extend only the Defendant’s right to collateral security at Defendant F branch on January 30, 2015 to implement the instant loan with E and the instant loan.

D The arrival at the defendant F branch on the same day, but they did not go to E, and I et al. were out of the place for the first time for the first time.