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(영문) 서울중앙지방법원 2014.09.18 2013가합42019
약정금 등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 256,00,000 and Defendant A from March 16, 2013 to June 25, 2013.

Reasons

1. Basic facts

A. The Defendants are appraisers who were affiliated with the global appraisal corporation global certified public appraisers (the Plaintiff was merged with the said corporation and completed the merger registration on May 18, 2006; hereinafter the same shall apply) between October 2005 and May 2006.

B. The Plaintiff received a request from the central branch of the Song-gun Agricultural Cooperatives (hereinafter “Seoul Agricultural Cooperatives”), for the appraisal of the market value for the purpose of collateral against the Gyeonggi-do Forest 75,372 square meters.

Accordingly, on October 21, 2005, Defendant A prepared an appraisal report on a unit price of KRW 60,000/m2, the actual assessment area of KRW 75,134 square meters, and the price point of time on October 19, 2005, the appraisal value of KRW 4,508,040,000 (hereinafter “instant appraisal report”) with respect to the said forest. Defendant B signed and sealed the instant appraisal report as an examiner.

C. On November 4, 2005, Songtan AF loaned KRW 2,500,000 as security the said forest land to E and F based on the instant appraisal report (hereinafter “instant loan”). D.

On December 12, 2005, the said forest was divided into 37,686 square meters of G forest in Pyeongtaek-gun, Gyeonggi-do (hereinafter “G forest”) and 37,686 square meters of H forest (hereinafter “H forest”), and the said forest was divided into 37,686 square meters of H forest regardless of whether it was before or after the division.

E. On May 2, 2006, the Defendants retired from the Plaintiff on May 2, 2006, and the Plaintiff prepared and submitted to the Plaintiff a letter stating that “The appraiser affiliated with the branch shall jointly and severally compensate for all losses incurred from the appraisal report issued before the withdrawal of the Association.” (hereinafter “each letter of this case”).

F. According to the market price appraisal conducted in the case of a real estate compulsory auction for G forest, G forest value of G is KRW 866,778,000 (unit price of KRW 23,000/m2, and time of price at November 28, 2007). The compulsory auction for H forest is a compulsory auction for real estate at the same court for H forest.

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