손해배상(기)
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
Basic Facts
Seoul Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank") extended a loan of KRW 440 million to B on April 30, 2012 at 20% per annum and at 20% per annum without setting the due date.
(hereinafter “instant loan”). B provided “C” brand New brand 24,00 satisfaction (hereinafter “instant collateral”) as security for the said loan obligation.
Seoul Mutual Savings Bank operated the following "Evaluation System" with respect to loans:
The appraiser shall provide the borrower with the debt of the loan and shall provide real estate as security.
A person who intends to become an appraiser shall appraise the security provided by the applicant for the loan and determine the appraisal price.
A bank shall lend money based on the desired amount of the loan applicant and appraisal price, and keep the collateral in the warehouse managed by the bank.
If a borrower fails to repay a loan, the appraisal company shall pay the loan by subrogation and collect the amount of repayment by acquiring the ownership of a security equivalent to the amount of repayment.
D intended to become an appraiser with respect to the instant loan.
However, the Seoul Mutual Savings Bank requested E (hereinafter “E”) to conclude a contract on behalf of an appraiser with the Seoul Mutual Savings Bank when the collateral to be provided is insufficient.
E entered into an appraisal contract with the above bank and jointly and severally guaranteed the debt of the loan of this case.
On March 22, 2012, the auditor set up a collateral (hereinafter “mortgage”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) with the maximum debt amount of KRW 260,130,000 against the said bank.
The Seoul Mutual Savings Bank kept the instant security in the warehouse located in the Guri-si F, which is operated by the E-Ssung Logistics Corporation.
As the above bank goes bankrupt, the defendant is related to the loan of this case including the security of this case around July 2013.