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(영문) 서울중앙지방법원 2015.06.12 2014가합533475
손해배상(기)
Text

Defendant B’s KRW 432,50,000 and its amount are 5% per annum from June 18, 2014 to June 12, 2015.

Reasons

Basic Facts

A Co., Ltd. (hereinafter referred to as “A”) is a stock company engaged in business, such as credit fraternity business and credit installment savings, and Defendant B was working as a deputy head of A from September 1, 2010 to March 9, 2012; Defendant C was working as a full-time audit committee member from September 27, 2011 to September 27, 2012.

(No. 2-1, 2) A was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

In relation to the secured real estate claim for the loan (hereinafter “mortgage of this case”), Defendant B, on June 10, 201, entered the public sale procedure of KRW 1,436,41,974 (principal KRW 6,261,11,55, interest KRW 55, interest KRW 5,175,300,419) (hereinafter “mortgage of this case”) with respect to the development of the so-called D apartment, he/she signed the public sale procedure for the secured real estate of this case (SeoulD apartment No. 1, 107, 201, 204, 205, 302, 303, 401, 404, and 405, hereinafter “instant secured real estate”) with respect to the secured real estate of this case.

(A) The KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”), which is a trust of the instant secured real estate, proceeds from the public auction of the instant secured real estate. The appraised value of the instant secured real estate was calculated as KRW 4,610,000,000.

KB real estate trust set the first public auction price of this case as KRW 8,298,00,000, the second public auction price as KRW 7,468,90,000, the second public auction price as KRW 6,723,100,00, the third public auction price as KRW 6,723,10,000, and the fourth public auction price as KRW 6,051,60,000 on June 13 and June 14, 201, and conducted a public auction procedure for two days on June 14, 2011.

(A) When the public sale of the above 3-2, 3, 4) was conducted on June 16, 201, A, on June 16, 201, shall provide the KB Real Estate Trust and the secured real estate of this case 6,340,00.

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