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(영문) 서울고등법원 2016.08.16 2015나22498
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. On the 5th page 6 of the judgment of the first instance, “No. 3-1, 2, and 9-1, 2, and 10-1, 2, and 3 of the evidence No. 8-1, 9-1, 2, and 10-1, 2, and 3” shall be added to “No. 8-1, 2, and 9-2”.

The first instance court's 6th to 8th of the first instance court's 6th of the 16th to 8th of the 195th of the 196th of the

In the event of the loss or reduction of security by intention or negligence of a creditor, whether or not a statutory subrogation is exempted from liability under Article 485 of the Civil Act, and the scope of exemption from liability should be determined at the standard point of time when the security is lost or reduced (see Supreme Court Decision 2007Da66590, Dec. 11, 2008), evidence No. 6-2, evidence No. 6-4-1, evidence No. 5-2, evidence No. 4-1, evidence No. 5-2, each of the statements No. 5-1, No. 5-2, and 3, and the market price appraisal result of the party appraiser U (hereinafter “the result of the party examination”).

In light of the purport of the entire pleadings, the following facts are revealed: ① Auction case of real estate for each share of the Plaintiff, B, D, and C (Seoul Western District Court G from May 3, 2013 to the Seoul Western District Court G) assessed as KRW 6,845,664,470 in total in the market value; ② At the time when the Gyeonggi Mutual Savings Bank waived the part on each share of the real estate listed in the attached Tables 10 and 11 out of the instant collateral security, each of the said real estate was created prior to the establishment registration of the mortgage of this case; ② At the time when the Gyeonggi Mutual Savings Bank waived the part on each of the real estate listed in the attached Tables 10 and 11 out of the instant collateral security, the maximum debt amount of KRW 520,000 in the name of the New Bank; the maximum debt amount of KRW 520,000 in the name of the New Bank; the maximum debt amount of KRW 450,000 in the name of the J; the maximum debt amount of KRW 500.

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