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(영문) 서울중앙지방법원 2014.12.18 2014가합553691
손해배상(기)
Text

1. The Plaintiff:

A. Defendant A’s KRW 260,483,950 as well as 5% per annum from September 30, 2014 to December 18, 2014;

Reasons

The plaintiff is a bank established under the Banking Act, and the defendant A is a certified judicial scrivener, and the defendant Korean Certified Judicial Scriveners Association (hereinafter referred to as the "Defendant Association") is a corporation established under the Certified Judicial Scriveners Act.

Article 11(1) of the Damage Compensation Mutual Aid Regulations established by the Defendant Association provides that if a member causes property damage to his/her delegating person by intention or negligence in the course of performing his/her duties, the amount of the mutual aid money shall be paid to the delegating person from the Fund. Article 11(2) of the same Act provides that the amount of the mutual aid money shall be limited to KRW 200,000,000 per person for one year.

Defendant A is admitted as a member of the Defendant Association’s Compensation Mutual Aid Association. The term of subscription is from April 1, 2014 to March 31, 2015.

On July 11, 2014, the Plaintiff entered into a loan transaction agreement with Nonparty B, and loaned KRW 250 million to Nonparty B as security 106-dong 302 (hereinafter “the instant apartment”) of the Plaintiff’s spouse-owned D apartment 106-dong 302 (hereinafter “the instant apartment”).

(hereinafter referred to as “instant loan.” On July 16, 2014, the Plaintiff deposited KRW 25,1925,000,000, after deducting KRW 75,000 from the instant loan, in B’s deposit account. On the same day, the Plaintiff completed the registration of establishment of a neighboring mortgage with the instant apartment amount of KRW 32,40,000,000, the debtor as B and the mortgagee as the Plaintiff.

B had previously been granted a loan by the Korean bank (hereinafter “Korea bank”) as a security for the apartment of this case (the prior establishment registration of a senior mortgage in the name of the Korean bank, the maximum debt amount of which was already 156 million won prior to the completion of the establishment registration of a neighboring mortgage in the name of the Plaintiff was completed). The loan of this case was to repay the debt owed to the Korean bank.

At the time, the balance of the principal debt of the loan to our bank is 260 million won.

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