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(영문) 서울고등법원 2017.03.31 2016나2065177
손해배상(기)
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The first instance court, the scope of the trial of this court, dismissed all the plaintiff's principal claim and the defendant's counterclaim, and only the defendant appealed against the counterclaim part, the scope of the trial of this court is limited to the part of the counterclaim claim.

2. As to the instant case cited by the judgment of the court of first instance, this court’s reasoning is identical to the corresponding part of the counterclaim claim among the grounds of the judgment of the court of first instance, except in the following cases. Thus, this Court’s reasoning is acceptable pursuant to the main sentence of Article 42

3. The appellate brief part of the judgment of the court of first instance is enclosed with KRW 501,075,00,000 “B” of the judgment of the court of first instance No. 7, 827,00, and the marks of each part of the judgment of the court of first instance No. 8 are as follows.

The appraisal value per parcel number area of land shall be 2,159 129,00 K Forest land 278,511,000 K Forest land 1,4839,000 206,137,000 L Road 360,880,000 2,880,000 N Road 360,880,000 2,880,000 2,880,000 240,000 240,000 O Road 435,000 140,000 P 14651,00 7,446,000 Q 36,000 36,000 Q 36,000,36,000 R36,30,300 R36,30,000 36,008,2081,708,208.

A person shall be appointed.

3. Determination on a counterclaim

A. The summary of the Defendant’s assertion and the Defendant, based on the standard amount set forth in the table for estimation of the estimated disposal price and value of secured real estate (Evidence B (Evidence A5) presented by the Plaintiff, when the Defendant paid the scheduled amount of repayment of loans by parcel of land according to consultation, the Plaintiff terminated the relevant parcel of land, and the Defendant performed the business of repayment of loans by disposing of the relevant real estate that has been terminated by means of

However, on May 2015, the Plaintiff unfairly suspended the above business after the audit by the Korea Deposit Insurance Corporation, and filed the instant principal suit against the Defendant. A criminal complaint is filed against the Defendant’s representative director, and a compulsory auction is made again for the real estate which terminated the right to collateral security.

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