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 November 12, 2008, the Plaintiff and Geum River C&C Co., Ltd. (hereinafter “Gjin River C&C”) entered into a sales contract with the Plaintiff’s workplace (No. 10, 200,000,000 won (the building KRW 3,300,000,000, 130,000,000, and the machinery, equipment, etc.) to purchase all of the machinery, equipment, etc. with the Plaintiff’s workplace (No. 2,10,000,000,000 on the date of the contract), and agreed to pay the remainder on December 31, 2008, and the transfer registration of ownership is to receive the remainder at the same time as the remainder is received.
In addition, as a special agreement, the payment of the balance would substitute for the Plaintiff’s loans to the Defendant, loans to the Credit Guarantee Fund, and loans to the Small and Medium Business Corporation.
(hereinafter “instant sales contract”). B.
On November 12, 2008, the date of the conclusion of the instant sales contract, the Plaintiff completed the registration of ownership transfer on the instant building in the name of Jak T&C.
C. On March 20, 2006, the Defendant concluded a mortgage agreement with the Plaintiff regarding the instant building, which constitutes a maximum debt amount of 2,000,000,000, and completed the registration of creation on the same day. On January 13, 2009, the Defendant filed an application for a discretionary auction of real estate with the Changwon District Court C on January 13, 2009, and rendered a decision to commence the auction on January 15, 2009.
The instant real estate was sold on October 30, 2009 and was distributed to the Defendant in full.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, 14 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination on the cause of the claim
A. In November 2008, when the Plaintiff’s gist of the Plaintiff’s assertion was faced with serious financing difficulties, the Defendant proposed the Plaintiff to sell the factory to the Plaintiff to recover the loan, and the Plaintiff admitted the sale of the factory to J&C.
D and branch offices, etc. (hereinafter referred to as "D, etc.") that were employees in charge of the defendant at that time are the plaintiff.