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(영문) 서울중앙지방법원 2018.11.09 2017가합552071
손해배상(기)
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 company running credit business, etc., and the Defendant served as a regular manager who exercises overall control over the Plaintiff’s loan business from April 2007 to March 22, 2017.

B. The Plaintiff’s loan execution 1) on March 18, 2016, the Plaintiff Company C (hereinafter “C”) on March 18, 2016.

(1) On January 18, 2017, the due date for payment was 24% per annum, 27.9% per annum, and 750,000,000 won per annum (hereinafter “the first loan”).

(2) On January 18, 2017, the Plaintiff, the representative of D, added E as a joint guarantor, and extended the payment period of KRW 627,00,000 to January 18, 2019. (2) On March 18, 2016, the Plaintiff loaned KRW 450,000,000 to F Co., Ltd. (hereinafter “F”), the payment period of KRW 18, 201, the interest rate of KRW 24,00 per annum, and the overdue interest rate of KRW 27.9% per annum (hereinafter “instant second loan”).

3) C and F at the time of the instant loan Nos. 1 and 2, (1) C and F are the Plaintiff (hereinafter “H”) on March 18, 2016.

2) From 1,00, 100, 100, 2015, 16,000, 16,000, 100, and 20,000, which were purchased from 2015 (hereinafter “instant hot water sets”), respectively, “this case’s kyke,” “this case’s kyke,” and “the instant hot water sets, etc.” in total.

B each of the instant loans 1 and 2 offered as security for transfer, and ② around August 2016, C agreed to replace the instant hot water set, etc. from September 2016 to the home shopping to the new product of sale.

The defendant, who was the person in charge of the examination of loan Nos. 1 and 2 of this case, shall calculate the security value of the hot water set of this case as KRW 2,360,000,000 and shall conduct the procedures for loan transaction. The specific appraisal values of the hot water set of this case are as follows.

The unit price appraisal of the quantity in this case shall be 10,000,000 won 1,000,000.

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