손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On July 24, 2012, the Plaintiff loaned KRW 270,000,00 to Nonparty B at a rate of 21.36% on July 24, 2015 on the day when the loan expires (hereinafter “instant loan agreement”). To secure B’s obligation for loans under the instant loan agreement, the Plaintiff was granted a right to collateral security in the name of the Plaintiff, with respect to the instant real estate (hereinafter “instant real estate”).
B. At the time of the instant loan agreement, the security appraisal sheet for the instant real estate signed and sealed by the Defendant, who was the employee in charge of the Plaintiff’s credit business (hereinafter “instant security appraisal sheet”) in the column for approval, indicated the amount of 450,000,000 won at the appraisal value, the amount of 70% applied at the collateral ratio (LTV) to 315,00,000 won, and the amount of loan available after deducting senior loans as KRW 277,00,000,000.
C. Since then, B failed to repay its loan obligations under the loan agreement of this case, the real estate of this case was appraised as KRW 280,000,000 in the voluntary auction procedure for the real estate of this case applied by the Plaintiff. In the above auction procedure, the Plaintiff received dividends of KRW 248,093,178 on July 24, 2014.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The plaintiff's assertion that the defendant suffered monetary damage to the plaintiff by intentional tort, which is assessed as an excessive appraisal price than the market price in violation of finance-related laws and regulations and regulations of the association while serving as an employee of the plaintiff's credit business.
In addition, the defendant neglected to perform his/her duties as a person in charge of the loan business of the plaintiff, such as receiving money and valuables from G, promising to receive commercial buildings, etc. after being introduced B from G, who was an employee of the plaintiff.