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(영문) 수원지방법원성남지원 2017.10.31 2016가단13269
변상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant was working as the head of the Plaintiff’s B Center (former C Branch), and D was the head of the credit team of the said Center.

B. On June 14, 2006, E entered into a contract to purchase land at KRW 3.2 billion (the contract amount of KRW 200 million, the intermediate payment of KRW 1.7 billion on July 7, 2006, and the remainder of KRW 1.3 billion on September 3, 2006, respectively) from the F to raise an intermediate payment of KRW 1.7 billion.7 billion, E applied for a loan to the Plaintiff in order to raise an intermediate payment of KRW 1.7 billion.7 billion.

C. On July 7, 2006, the Defendant, D, etc., who reviewed the above loan approved to lend KRW 1.7 billion to E an intermediate payment of KRW 1.7 billion. On the same day, the Plaintiff loaned KRW 1.7 billion to E and acquired a security right to the instant land.

On August 31, 2007, the Plaintiff extended a loan of KRW 880 million to E as security, based on the loan approval of the Defendant and D, etc.

E. Meanwhile, the Plaintiff, a husband of the E, carried out the business of constructing a new building on the land of one unit, including the instant land. On November 6, 2006, J, a Co., Ltd., (the former trade name before the alteration was K, and the trade name was changed on March 31, 2010; hereinafter “J”) carried out the business of constructing a new building on the land of one unit including the instant land. On November 6, 2006, J awarded a construction contract with the construction cost of KRW 12,329,482,00 on the land of this case and constructed a new building on the land of this case, and paid the construction cost.

F. On April 29, 2009, the building that was newly built on the instant land became the registration of ownership preservation in F future, the nominal owner of the building permit, and as seen earlier, the registration of ownership transfer was completed on November 28, 201 by the person who actually built the said building, as stated above, as the J was revealed.

G. Meanwhile, from September 201, E was unable to repay its loans to the Plaintiff from around September 201, and the instant land also is.

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