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(영문) 서울북부지방법원 2016.08.18 2014가합20879
손해배상(기)
Text

1. The Defendant’s KRW 1,208,311,680 for the Plaintiff and 5% per annum from October 10, 201 to August 18, 2016.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is a local agricultural cooperative established under the jurisdiction of Dobong-gu Seoul Metropolitan Government, Nowon-gu, Seongbuk-gu, and Gangnam-gu for the purpose of educational support projects, economic projects, credit projects, etc. under the Agricultural Cooperatives Act (hereinafter “Plaintiff Agricultural Cooperative”).

(2) The Defendant is a juristic person established for the purpose of appraising and appraising real estate, movable property, and other property (hereinafter “Defendant juristic person”), which is the following:

With respect to the execution of each loan under this paragraph, the appraisal of secured real estate was conducted at the request of the plaintiff, and B was a certified public appraiser or a certified public appraiser who was in office as the representative director or director of the defendant corporation and C was an employee working as the chief of the appraisal department of the defendant corporation.

B. In around 2003, the Plaintiff Nonghyup Co., Ltd. entered into an appraisal business agreement with the Defendant and the Plaintiff Nonghyup Co., Ltd to conduct appraisal and assessment of collateral in the event of requesting appraisal to the Defendant Co., Ltd., and prepared an appraisal business agreement with the following contents:

(2) On the other hand, the defendant corporation asserts that the business agreement of this case was concluded between the defendant corporation and the National Agricultural Cooperative Federation, and that the plaintiff Nonghyup, who has a legal personality separate from the National Agricultural Cooperative Federation, could not claim the validity of the business agreement of this case.

However, this case’s business agreement is stipulated to be concluded between the National Agricultural Cooperative Federation and the defendant corporation, including local associations, item associations, and item associations federation, after the conclusion of this case’s business agreement, the defendant corporation continued to be entrusted with appraisal and assessment with several branches of the plaintiff agricultural cooperative after the conclusion of this case’s business agreement, and the local association that actually deals with the loan business like the plaintiff agricultural cooperative.

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