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(영문) 대전지방법원 2020.01.07 2018가단206797
손해배상(기)
Text

1. The plaintiff's all claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C acquired the ownership of the instant real estate in KRW 368,00,000 from the voluntary auction procedure (hereinafter “transfer auction”) regarding each real estate listed in the separate sheet attached to Chungcheong District Court D (hereinafter “instant real estate”) on April 12, 201.

In the previous auction on September 6, 2010, the appraisal of the instant real estate was KRW 505,592,000.

B. Around August 2013, E Union (hereinafter “E”) granted a loan of KRW 320 million to C, and as security, set up a collateral security (hereinafter “mortgage”) with a maximum debt amount of KRW 390 million (around April 16, 2015, increased to KRW 420 million) with respect to the instant real estate. Around August 2013, C did not pay the principal and interest of the loan.

(hereinafter referred to as “the principal and interest of loan”) C. of this case

E applied for a voluntary auction of the instant real estate to Cheongju District Court Cheongju Branch F for the recovery of the instant non-performing loans, and received a voluntary auction decision from the above court on September 6, 2016 (hereinafter “the auction of this case”). From the auction of this case around October 2016, the appraisal of the said real estate was 168,463,200 won.

On the other hand, around November 2016, E transferred the instant non-performing loans to G Co., Ltd. (hereinafter “SP”) in KRW 334,608,404.

E. On January 2, 2017, the Plaintiff entered into a NPL Investment Agreement (hereinafter “instant investment agreement”) with the Defendant to invest KRW 335,608,404 for the sale of non-performing loans, etc. of the instant non-performing loans, and paid KRW 68,608,404 as the down payment on December 12, 2016, and invested KRW 90,126,008 in the said non-performing loans.

[Reasons for Recognition] A. A. Articles 1 through 5, 7, 8 (including paper numbers; hereinafter the same shall apply), 4 through 7, witness H. I.

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