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(영문) 서울중앙지방법원 2017.09.15 2014가합535969
손해배상(기)
Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. Defendant B is the head of the Defendant Han Bank Co., Ltd. (hereinafter “Defendant Bank”), and Defendant C is the employees of the said branch.

B. Voluntary auction process 1) E on each real estate listed in the separate sheet is the National Bank on May 19, 2008 (hereinafter “National Bank”).

(1) If a loan of KRW 1,500,000 is granted from the loan, each of the real estates listed in the separate sheet as security (hereinafter referred to as “each of the real estates of this case”).

As to the registration of the establishment of a neighboring mortgage at KRW 1,950,000,000 for the maximum debt amount. E again takes out a loan of KRW 500,000,000 from a national bank on February 13, 2009, and completed the registration of the establishment of a neighboring mortgage at KRW 650,000 for each of the instant real estates as security for the said loan (hereinafter referred to as the “instant collateral security”).

(2) On June 9, 201, at the request of the National Bank, which is the right to collateral security (hereinafter “the instant auction procedure”), the auction procedure for real estate was initiated as F for the Goyang Branch of the District Court (hereinafter “instant auction procedure”). During the instant auction procedure, the Korean Ef&A No. 22 securitization specialized company (hereinafter “Nonindicted Company”) acquired the instant secured claim on the instant secured claim.

3) On June 21, 201, 201, an appraiser for Yangyang Branch of the District Court evaluated each of the instant real estate as KRW 2,544,566,90 in total. 4) G entered into a contract with the Nonparty Company on April 1, 2013 (hereinafter “instant contract for debt assumption”) with the Nonparty Company, and the main contents are as follows.

After that, on April 3, 2013, the Plaintiff and H agreed to succeed to the status of G under the instant assumption of obligation between Nonparty Company and G.

Article 2 (Contents of Agreement) (1) G shall be entitled to participate in the auction procedure of this case in an amount of not less than 2,250,000 won on the date of sale scheduled on April 2, 2013.

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