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(영문) 대전지방법원서산지원 2014.05.15 2013가합6123
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 84,00,000 and the interest rate of KRW 19.5% per annum from December 24, 2010 to the date of full payment.

Reasons

1. Basic facts

A. On June 24, 2008, the Plaintiff requested the Defendant to appraise each of the above real estate on the following: (a) the real estate listed in paragraph (1) through (3) of the attached Table No. 1 (hereinafter referred to as “202”; (b) the real estate listed in paragraph (2); and (c) the real estate listed in paragraph (4) of the attached Table No. 3 (hereinafter referred to as “501”) as collateral; and (c) the Plaintiff requested the Defendant to appraise each of the above real estate.

With respect to 202, 402, and 502, the registration of transfer of ownership was completed on July 2, 2008 under the name A on June 15, 2008.

B. On July 2, 2008, the Defendant prepared and submitted an appraisal report to the Plaintiff. The appraised value and lease status of each of the above real estate stated in the appraisal report are as listed below.

The value of the object assessed shall be KRW 40,000,000 KRW 80,000 KRW 4022,000 KRW 63,000 KRW 402 KRW 63,000 KRW 80,000 KRW 501 KRW 5,5,000 KRW 80,000 KRW 50,00 KRW 80,000 KRW 502 KRW 63,00 KRW 5,00 KRW 80,00 KRW 5,00 KRW G 5,00 KRW 43,00 KRW 45,00 KRW 5,000 KRW.

C. On July 8, 2008, the Plaintiff calculated the amount available for the loan based on the said appraisal report as KRW 125,100,000 (24,000 won in appraisal x 70% in total - KRW 45,000 in total). On July 8, 2008, the Plaintiff registered the establishment of the first priority of the maximum debt amount of KRW 156,00,000 in each of the above real property (the registration of the establishment of the first priority of KRW 501 and 502 was cancelled on the same day). On the same day, the Plaintiff loaned the amount of KRW 12,00,00 to A by July 8, 2010, according to the interest rate of KRW 19.5% per annum, and the compensation rate for delay was determined as KRW 14,00 in arrears.

On the other hand, with respect to Nos. 202 and 402 as the Daejeon District Court H, I (combined) on November 11, 2009 and December 22, 2009 upon request of D and E, with respect to Nos. 202 and 402 as of August 17, 201 upon request of G, Daejeon District Court J-ro 502 as of August 17, 201, upon request of F.

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