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(영문) 서울고등법원 2017.02.09 2016나2049618
손해배상 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In the first instance court, the Plaintiff claimed for damages for property of lost profits caused by a tort against the Defendants, and for damages for consolation money, KRW 150 million in total, including KRW 100,000,000,000 for the Plaintiff’s family members, and KRW 50,000,000 for consolation money. The judgment of the first instance court rejected all the Plaintiff’s claims against the Defendants.

In this regard, the plaintiff appealed only to the part against the plaintiff corresponding to KRW 100 million of consolation money of the plaintiff himself. Thus, the actual subject of adjudication of this court is limited to the part against the plaintiff corresponding to KRW 100 million of consolation money of the plaintiff himself.

2. Basic facts

A. The defendant company is a company that is established on December 27, 199 and is engaged in the purchase, acceptance, or liquidation of assets and liabilities or the management and sale of assets and liabilities from the relevant financial institution, its liquidation corporation (including bankruptcy), resolution financial institution, the Korea Deposit Insurance Corporation, etc., in connection with the reorganization of insolvent financial institutions. The defendant company B is a certified judicial scrivener entrusted by the defendant company with the application for the entry in a defaulters' list, etc. against the plaintiff.

B. The Korea Deposit Insurance Corporation’s credit against the Plaintiff, etc.

A) On June 7, 200, between the Plaintiff and the Dongdong Credit Depository, a monetary loan agreement between the Plaintiff on June 7, 2000 which provides that KRW 1,00,000,000 shall be due and payable to the Plaintiff on June 6, 2001, at the interest rate of 24% per annum, and at the interest rate of arrears 29% per annum (hereinafter “instant monetary loan agreement”).

2) On December 6, 2005, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) (hereinafter “Korea Deposit Insurance Corporation”) established a contract for a loan under a monetary loan agreement of this case against the Plaintiff on December 6, 2005.

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