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(영문) 인천지방법원 2018.10.11 2017가단24549
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of real estate brokerage business, sales business, etc., and the Defendant is a C association with the purpose of credit business, such as the receipt of deposits and installment savings from its members.

B. Around January 2007, D Co., Ltd. (hereinafter “D bank”) loaned funds to E Co., Ltd. (hereinafter “E”), and F, at the time of the above loan, jointly and severally guaranteed E’s loan obligations.

E on January 31, 2007, in the name of the D Bank, set up a collateral security, which is a creditor, E, and a mortgagee, with respect to the land and building owned by the D Bank, the maximum debt amount of KRW 900,000,000,000,000 and its ground hotel (hereinafter “instant land and building”).

C.F. On June 27, 201, with money loaned from the Defendant, and F.B. to the D Bank.

On the same day, the right to collateral security was fully repaid with the principal and interest of the secured debt mentioned in the paragraph, and the registration of the right to collateral security was completed in addition to the right to collateral security.

With respect to each of the instant land and buildings, F, on the same day, completed the registration of the pledge right on June 27, 2012, the credit amount of KRW 600 million, the due date of payment, KRW 8% per annum, KRW 8% per annum, KRW 100 million per annum on November 28, 201, KRW 8% per annum on November 28, 201, the due date of payment, KRW 19.8% per annum, KRW 19.8% per annum on delay, KRW 5% of the debtor F, and Defendant’s collateral security.

E. H, a representative in-house director, which is H (hereinafter “H”) completed the registration of ownership transfer on July 18, 2012 with respect to the instant land and building.

F. On July 18, 2012, the Defendant completed the registration of the establishment of a mortgage on the instant land and building, the maximum debt amount of KRW 1170 million, the debtor I, the debtor I, and the mortgagee, and on September 3, 2012, the registration of the establishment of a mortgage on the said land and building changed from I to J was completed.

G. The defendant filed a motion to commence a voluntary auction on the land and building of this case with the Jeonju District Court K, and the above.

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