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(영문) 서울고등법원 2015.03.31 2014나2016713
손해배상
Text

1. Of the judgment of the court of first instance, each of the following judgments against the defendants is against the plaintiff's money ordered to be paid.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party’s status 1) The Plaintiff is each real estate listed in the separate sheet (hereinafter “instant real estate”) and the real estate listed in the separate sheet No. 2 is “instant building.”

(2) Defendant B (hereinafter “Defendant C”) served as the locked branch of Defendant C Co., Ltd. (hereinafter “Defendant C”) from January 10, 2009 to December 16, 2010.

Defendant C is a financial institution with a purpose to engage in all business related to banking business as provided by the Banking Act.

B. D, the president of the “E Hospital” (hereinafter “instant construction”) around June 1, 2010, in order to relocate the E Hospital, D, the head of the instant construction project to extend or rebuild the instant building located in Daejeon, Seo-gu, Daejeon (hereinafter “instant construction”).

2) On June 22, 2010, five companies (hereinafter “instant joint contractor”) of H Co., Ltd. (hereinafter “H”), H Co., Ltd. (hereinafter “I”), J Co., Ltd. (hereinafter “J”), K Co., Ltd. (hereinafter “K”), and L Co., Ltd. (hereinafter “L”) entered into a joint contractor agreement on June 22, 2010, and entered into a contract on July 8, 2010 with the content that the instant construction project is jointly subcontracted from G.

3) Around November 2010, the instant co-contractor completed the instant construction work. (c) Around March 5, 2010, Defendant C’s loan and auction procedure 1) D, the president of the instant hospital, was granted a loan of KRW 5.4 billion from Defendant C via Defendant B, who had worked as the head of a branch office of the diving branch of Defendant C as of March 5, 2010, for the instant construction work, at the site purchase cost, and was granted a loan of KRW 4 billion as the construction cost on June 30, 2010.

D and M completed the registration of creation of a neighboring mortgage in the future of Defendant C on the instant real estate owned by them to secure the payment of the above loans around that time.

2 After D paid non-payment due to the lack of initial funds on May 2011, Defendant C.

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