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Reasons
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(영문) 서울중앙지방법원 2020.03.23 2019가단5072287
손해배상(기)
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1. The Defendant’s KRW 19,454,400 for the Plaintiff and KRW 6% per annum from April 19, 2017 to March 23, 2020.

Reasons

1. Facts of recognition;

A. On April 17, 2017, the Plaintiff received an application for a loan of the said real estate as collateral from B, the owner of the real estate indicated in the attached list, which is a multi-family house (hereinafter “instant real estate”), and requested the Defendant to appraise the said real estate.

B. After completing a survey on the current status of the instant real estate, C, a certified public appraiser affiliated with the Defendant, prepared an appraisal report stating that the appraised value of the said real estate shall be KRW 750,260,000 (hereinafter “instant appraisal report”) and submitted it to the Plaintiff on April 19, 2017. The details of the appraisal report regarding the lease relationship of the said real estate are as follows.

7. Lease subparagraph 1) D: A rental deposit of KRW 5 million, monthly rent of KRW 3.5 million: KRW 40 million, monthly rent of KRW 50 million: KRW 50 million, monthly rent of KRW 50,000: KRW 500,000: KRW 500,000, monthly rent of KRW 350,000: KRW 500,000, monthly rent of KRW 350,000: 50,000, monthly rent of KRW 500,000: 50,000 won, monthly rent of KRW 50,000: KRW 50,000, KRW 350,000, KRW 350,000, KRW 350,000, KRW 350,000, KRW 350,000, KRW 15,50,000, monthly rent of KRW 350,00.

C. On April 24, 2017, the Plaintiff offered a loan of KRW 265 million to B based on the appraisal results as above, but the method of calculating the loan is as follows.

283,208,00 won = (the appraised value of the instant appraisal 750,260,000 won x the collateral recognition ratio 80%) - The amount of prior lease deposit 238,000,000 won - The amount of small amount of lease deposit 79,000,000 won shall be determined as the amount of credit available for credit of 265,000 won.

D. Since then, on August 17, 2017, the instant real estate was subject to compulsory auction procedure as to the Changwon District CourtO, hereinafter the above compulsory auction procedure.

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