(영문) 서울중앙지방법원 2018.05.16 2017나44802

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(영문) 서울중앙지방법원 2018.05.16 2017나44802

손해배상(기)

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the two pages 2 and 15 of the judgment of the court of first instance are as follows; (b) the three pages 3 and 34 are as follows; (c) the 13,187,0303 won (13,187,030 won) were as follows; (d) the 4 pages 15 are as follows: “13,187,030 won”; and (e) the 4 pages 1920 registration was added as follows; and (e) the 6 pages 18 of the 1920 registration was added as follows; and (e) the 6 pages 20 of the 6 pages 18 should be accepted by the buyer; and (e) the 6 pages 20 of the 6 pages 34 should be accepted by the buyer; and (e) the reasons for the judgment of first instance are as follows.

2. As to the part of the judgment of the court of first instance, “A. Defendant Bank” part of the “4. Judgment” shall be added and added as follows.

On December 12, 2012, “B” paid KRW 13,187,030 and KRW 65,258,446 in total, 78,445,476, including KRW 13,187,030,030, KRW 65,258,446, as collateral obligation of the instant right to collateral security (i.e., payment of KRW 13,187,030, KRW 65,258,446) to the Defendant bank’s account under its name on November 14, 2013.

However, in light of the following facts and circumstances acknowledged by the evidence and the overall purport of the pleadings, it is difficult to view that the above facts alone terminate loan transaction relationship which is the cause of the creation of the instant right to collateral, and thus the Defendant bank bears the duty to cancel the instant right to collateral security. Thus, the Plaintiff bank’s claim for damages against the Defendant bank on the ground of neglecting the duty to cancel the instant right to collateral security has no merit.

(1) The right to collateral security shall be fixed for claims remaining in a period for the settlement of accounts among many, unspecified persons who have incurred from continuous transactions.

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-민사소송법 제420조

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