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(영문) 서울중앙지방법원 2018.02.08 2017가단5059051
손해배상(기)
Text

1. Defendant C’s KRW 45,00,000 and the Plaintiff’s 5% per annum from July 22, 2016 to February 8, 2018, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty D owned the following real estate (hereinafter referred to as “each of the instant real estate”) as indicated in the table below, and the Plaintiff purchased Nonparty D’s share in the procedure of voluntary auction in Sungwon District Court Sung-nam Branch E in relation to real estate Nos. 1 through 10 on October 13, 2016 and acquired the entire ownership.

D F GH IJ K L L L N N QO P

B. The specific process of establishing and cancelling the right to collateral security for each of the instant real estate by the Plaintiff and D is as listed below.

D R R D D S D S

C. The instant real estate was established on the instant real estate by Nonparty Ro Bank (hereinafter “R Bank”)’s collateral security for the Plaintiff’s claim against the Plaintiff, but the Plaintiff re-established the instant second-class collateral security in order to obtain an additional loan from the R Bank on February 21, 2014, and set the second-class collateral security in order to secure the Plaintiff’s claim against the Plaintiff.

After that, on December 1, 2014, Defendant B carried out a refund loan on the claims against the Plaintiff of the said RB.

In the process, all of the above 1 to 3-class collateral security rights (creditors, creditors, and creditors) were cancelled, and Defendant B’s loan was finally executed by setting up a collateral security right for securing Defendant B’s claim against the Plaintiff.

On the same day, as stated in Section 4. of the above Table 4, in order to secure S’s claim against Defendant B’s loan, the right to collateral security (the right to collateral security (the right to collateral security, No. 85470, Dec. 1, 2014, hereinafter “instant right to collateral security”) with respect to the entire real estate of this case, including the Plaintiff’s share, was established subordinate to the creditor, S, obligor D, and maximum debt amount of 150,00,000 won.

(e) Defendant B generally enters into a loan agreement with a customer.

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