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(영문) 서울중앙지방법원 2017.04.11 2016가단5065738
손해배상(건)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 27, 2013, the National Bank Co., Ltd. loaned the loans to B as listed below, and transferred the loans to the Defendant and notified the transfer of claims to B.

Loans of KRW 40,00,000,000,000 for general corporate capital loans of KRW 853,145,497 on March 11, 201, the balance of loans of KRW 10,000 for general corporate capital loans of KRW 400,000,000 on August 30, 201; KRW 20,000,000 for general corporate capital loans of KRW 20,000 on December 29, 201; KRW 20,000,000 for general corporate capital loans of KRW 140,000,000 for KRW 60,00 for 4 corporate capital loans of KRW 140,00,000 for KRW 144,00,000,000 for general capital loans of KRW 140,000 for 0,000 for general capital loans of KRW 5 corporate capital loans of KRW 30,000.

B. On August 31, 2006, the Plaintiff concluded a mortgage contract on August 31, 2006 in order to guarantee B’s obligation to the national bank.

(1) The scope of the debt covered by the right to collateral security against a building (the sole ownership): Limited collateral Security (the maximum debt amount for loan for foreign currency, loan for corporate general facilities, loan for corporate ordinary driving fund): 83,000,000 UN on March 11, 2010, which changed the amount of KRW 214 square meters to KRW 1,052,606,000 on March 11, 2010 (2) Gyeonggi-gu D gas station; 214 square meters on E gas station site; 1,226 square meters on E gas station site; and the scope of the debt secured by the right to collateral security against the building (the Plaintiff and B) above: the maximum debt amount for comprehensive collateral security: KRW 1,445,786,00 on KRW 1,486,786,00 (the change to the maximum debt amount for comprehensive collateral security to KRW 73,00,000 on March 10, 201).

C. On March 25, 2013, the Defendant, upon the decision of the Seoul Central District Court F on March 25, 2013, proceeded with the voluntary auction procedure.

On December 17, 2013, the Plaintiff repaid KRW 1,060,700,210 to the Defendant, and the Defendant voluntarily withdrawn auction and cancelled the registration of collateral security.

After that, the defendant was ordered to commence the auction on June 17, 2014 with respect to the real estate located in Pyeongtaek-gun.

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