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(영문) 서울고등법원 2015.12.17 2014나2049485
손해배상
Text

1. The judgment of the first instance, including a claim added and modified in the trial, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff’s purchase of the instant real estate 1) National Bank Co., Ltd. (hereinafter “National Bank”).

) On January 4, 2012, according to the decision to voluntarily commence auction at the Daejeon District Court’s Jeju District Court’s Jeju District Court’s Jeju District Court’s Jeju District Court’s voluntary decision to commence auction, buildings E large 1,059 square meters and their ground buildings (hereinafter “instant real estate”).

(2) Around November 2012, the Plaintiff entered into a contract with the KB Credit Information Company (hereinafter “KB Credit Information Company”) which was entrusted with the collection of claims by the KB Credit Company (hereinafter “KB Credit Information”), under which the Plaintiff would purchase the instant real estate in KRW 1.1 billion and receive the instant real estate successful bid, and pay the purchase price of the said claim with the funds that received the instant real estate as collateral (hereinafter “instant securitization contract”), and around that time, the Plaintiff paid the down payment KRW 110 million to the KB Credit Information Company.

3) In the said voluntary auction procedure, the Plaintiff was awarded a bid of KRW 2.7 billion on January 8, 2013, and acquired the ownership of the instant real estate on March 14, 2013. (b) The Plaintiff entered into a sales contract with Q around April 2013, with the introduction of the FF (hereinafter “F”) into a contract with the FF (hereinafter “F”), and sold the instant real estate at KRW 2.17 billion on April 29, 2013; the down payment amount is KRW 200 million at the time of an intermediate payment; the remainder payment is paid on May 10, 2013; and the KRW 1.6 billion is to be paid on June 10, 2013 (hereinafter “instant sales contract”).

2) AF intended to obtain a loan from a financial institution and pay the balance of KRW 1.6 billion under the above sales contract. Around May 2013, the Plaintiff had checked as to whether the Plaintiff would be able to grant a loan to G working in the R attorney-at-law office. 3) G around May 2013, Defendant Industrial Bank of Korea (hereinafter “Defendant Bank”) H site I and F.

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