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(영문) 대구지방법원영덕지원 2017.05.18 2016가합51
변상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The defendant B works as the head of the hearing branch to which the plaintiff belongs from February 12, 2009 to October 31, 2012.

On January 31, 2013, Defendant C retired from office, and Defendant C works as the head of the loan support team belonging to the Plaintiff during the period from September 1, 2010 to January 31, 2014.

Disciplinary dismissal.

At the time when the Defendants were in office as the Plaintiff’s employee, Defendant B was a pre-determined owner of the loan, and Defendant C was in charge of the loan business as a person responsible for the loan, and carried out the loan with the following security offered:

(1) On July 12, 201, the Plaintiff loaned KRW 1,07,00,000 to D on July 12, 201 (hereinafter “instant loan”). In order to secure the above loan obligations between D and D, the Plaintiff concluded a mortgage contract with the maximum debt amount of KRW 1,39,1,00,000 for the underground floor owned by D, among the above ground G buildings, KRW 101,105 (hereinafter “instant underground floor”), among the maximum debt amount of KRW 1.39,00,00,000,000, and the debtor’s mortgage contract was completed.

On July 27, 2011, the Plaintiff loaned KRW 870 million to H, and concluded a mortgage contract with H, I, J, and D with respect to KRW 201-214 under the ground of the instant underground floor and the said G building, which is owned by H, I, and J (hereinafter “instant underground floor,” and “each real estate of this case”) in order to secure the above loan obligations between H, J, J, and D, and completed the establishment of a mortgage contract with the obligor, which is based on the foregoing mortgage contract.

On July 27, 2011, the Plaintiff loaned KRW 850 million to I, and concluded a mortgage agreement with H, I, J, and D regarding each of the instant real estate in order to secure the above loan obligations, the Plaintiff concluded a mortgage agreement with the maximum debt amount of KRW 1.5 million with respect to each of the instant real estate, and completed the registration of the establishment of a neighboring mortgage agreement based on the said mortgage agreement.

On July 27, 2011, the Plaintiff is against J. 201.

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