logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.23 2015가합512154
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. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) lent KRW 440 million to B on April 30, 2012 (hereinafter “instant loan”); and the said B offered “C” brand 24,000 (hereinafter “instant security”) as security for the payment of the loan.

Seoul Mutual Savings Bank operated the following "Evaluation System" with respect to loans:

The appraiser shall provide the borrower with the debt of the loan and shall provide real estate as security.

A person who intends to become an appraiser shall appraise the security provided by the applicant for the loan and determine the appraisal price.

A bank shall lend money based on the desired amount of the loan applicant and appraisal price, and keep the collateral in the warehouse managed by the bank.

If a borrower fails to repay a loan, the appraisal company shall pay the loan by subrogation and collect the amount of repayment by acquiring the ownership of a security equivalent to the amount of repayment.

B. Although Nonparty D wanted to become an appraiser in connection with the instant loan, Nonparty D requested the Seoul Mutual Savings Bank to conclude a contract with E on behalf of an appraiser as the collateral to be provided is insufficient.

Accordingly, E entered into a contract with the above bank and jointly and severally guaranteed the debt of the instant loan. On March 22, 2012, the auditor of E set up a collateral security (hereinafter “instant collateral security”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”) with the said bank as the maximum debt amount of KRW 260 million.

C. Seoul Mutual Savings Bank kept the instant collateral in a warehouse located in the Guri-si F, and upon the bankruptcy of the said bank, the Defendant Company accepted the legal relationship related to the instant loan, including the instant collateral around July 2013.

B In the event that the repayment of the instant loan was delayed, the Defendant Company made a public auction procedure on December 3, 2014 with respect to the instant security.

arrow