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(영문) 서울고등법원 2017.12.21 2017나2039472
손해배상(국)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. Facts of recognition;

A. On March 31, 201, the Plaintiff was a financial institution established for the purpose of performing the business of lending funds to its members, and entered into a monetary loan agreement with B as of March 31, 201 on the loan amount of KRW 2,260,000,000, the starting date of the loan; and on March 31, 2011, on March 31, 2011, the expiration date of the loan period of which was March 31, 2014 (hereinafter the instant monetary loan agreement).

B. Regarding the instant loan for consumption of money, the Plaintiff entered into a mortgage agreement with B and A, on March 31, 201, with respect to each real estate listed in the separate sheet, including the land of the wife population C (10 out of each of the real estate listed in the separate sheet; hereinafter the same shall apply), with respect to each of the real estate indicated in the separate sheet, with the obligee and the obligor B, the person who created the right to collateral security, B, and B, and the maximum debt amount of which are KRW 2,938,00,000 (hereinafter referred to as the “mortgage agreement”).

B At the time of the conclusion of the instant mortgage contract, No. 1/7 (B transfer 1/7 of its own shares to A on December 29, 1987) No. 1/14 (B shares 1/14), No. 46/14 (B on December 29, 1987, and 330.5/1878 of its own shares to B on March 2, 2002), No. 761/3756 (M on June 1, 207) of the instant real estate, which were transferred No. 330.361/1878 (M on June 1, 208) of the instant real estate, were transferred to B/197.3 of the shares transferred to B/14 of the instant real estate, excluding the shares transferred to B/197.4 of the instant real estate.

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