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(영문) 수원지방법원 2014.12.11 2014가합60074
손해배상(기)
Text

1. The part of the Plaintiff’s claim for the withdrawal of the voluntary auction application against Defendant Cmat Bank Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff borrowed the amount of KRW 27 million from Defendant C&T Bank on October 16, 2006, KRW 3 million on June 26, 2007 by means of equal installment payment of principal and interest after a three-year grace period. On June 20, 201, the Plaintiff borrowed the amount of KRW 60 million on June 20, 201 (which received KRW 30 million in advance) by means of equal installment payment of principal and interest after a three-year grace period.

On October 19, 2012, the Plaintiff was loaned KRW 410 million at Defendant C&T Bank at the annual interest rate of 4.34%.

B. In relation to the above loan of KRW 60 million, Defendant C&C completed the registration of creation of a neighboring mortgage on real estate owned by the Plaintiff’s mother with respect to real estate owned by the Plaintiff’s mother, and with respect to the above loan of KRW 411 million, respectively, on real estate owned by the Plaintiff.

C. As the Plaintiff did not pay interest on the loan, the Defendant C&C applied for voluntary auction on March 15, 2013 with respect to the loan of KRW 60 million to Suwon District Court D on March 15, 2013, and with respect to the above KRW 410 million loan of KRW 411 million to Suwon District Court C on April 15, 2013.

The said D Auction Procedure is concluded on November 25, 2013, and the C Auction Procedure is completed on January 14, 2014 by the completion of dividends. D.

On January 8, 2013, the Plaintiff included a civil petition with the effect that “the Defendant C&T Bank was involved in fraud several times since 2006 with the case of apartment mortgage loan.”

A person in charge of treating the Plaintiff’s civil petition was Defendant B, and Defendant B received loan-related documents, etc. from Defendant C&T Bank on January 24, 2013, and thereafter treated the Plaintiff’s civil petition with the following details on March 29, 2013.

1. The reply to the civil petition (receiving number): E) received by the Financial Supervisory Service on January 8, 2013.

2. In 2006, the loan agreement was concluded with the Korea C&T Bank as the principal repayment method, but the accompanying was voluntarily changed to the repayment method of principal and interest, and was not agreed as the repayment method at the time of the implementation of the additional loan in 2011, but the contract was concluded at a grace period.

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