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(영문) 대구지방법원 2015.04.02 2013가합9844
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 2004, A obtained loans from the Defendant for the amount of KRW 470 million for facilities for the recovery of typhoon damage (hereinafter “the first loan”). A, as a security for the loan, provided the Defendant with a guarantee of guarantee of the Credit Guarantee Fund for Farmers and Fishermen with the guaranteed amount of KRW 423 million with the amount of deposit of KRW 90 million, which is 90 million. On December 23, 2004, A completed the registration of the establishment of a mortgage with each maximum claim amount of KRW 70 million and KRW 580 million with respect to each of the real estates under [Attachment 1 and 2] owned by the Defendant on December 23, 2004.

On December 9, 2008, A obtained a loan of KRW 500 million from the Defendant for fiscal fishery funds (hereinafter “the second loan”), and completed the registration of the establishment of a neighboring mortgage (hereinafter “the instant collateral security”) with the maximum debt amount of KRW 650 million against each of the real estates under [Attachment 3-8] owned by oneself on December 9, 2008.

B. The Plaintiff purchased the instant real estate from A on March 9, 2012 and completed the registration of ownership transfer in the name of the Plaintiff on the 19th of the same month.

C. From April 3, 2012, A delayed repayment of the instant first loan from April 3, 2012, and from August 9, 2012, A delayed repayment of the instant second loan.

Accordingly, on August 24, 2012, the Defendant subrogated to KRW 342,97,237, which is a part of the first loan of this case from the Agricultural and Fishery Credit Guarantee Fund, which is the guarantee organization, and completed the registration of partial collateral security transfer based on the payment of part of the final claim to the Defendant Intervenor, who is the managing organization of the Agricultural and Fishery Credit Guarantee Fund, for the first and second real estate of this case on September 18, 2012.

The Defendant applied for a voluntary auction on the instant 3-8 real estate by taking into account the claim amount of KRW 650 million, which is part of KRW 876 million, which is the sum of KRW 376 million and KRW 500 million of the instant secondary loan, as the sum of KRW 376 million and KRW 50 million of the instant secondary loan.

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