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(영문) 수원지방법원 2017.06.16 2015가합63155
손해배상(기)
Text

1. Defendant C and D jointly share KRW 260,00,000 with respect to the Plaintiff and the Plaintiff from January 7, 2016 to June 16, 2017.

Reasons

1. Facts of recognition;

A. A. Around February 2010, the Plaintiff was introduced G and the Defendant C from Defendant B, a branch of the Plaintiff’s type E, to the purchaser of the FF loan 8 debentures (hereinafter “instant loan”).

B. As the purchase fund of the instant loan from Defendant C is insufficient, the Plaintiff heard that Defendant C would receive a loan as security and pay the purchase price, and issued documents related to the establishment of a collateral security to Defendant C.

C. However, on March 10, 2010, Defendant C used the above documents delivered by the Plaintiff to secure the goods payment obligation of Defendant D Co., Ltd. for which he was his representative, and completed the registration of establishment of a neighboring mortgage amounting to KRW 260 million with respect to the loan of this case as the Japanese Steel Co., Ltd., the debtor as Defendant D, and the maximum debt amount as KRW 260 million.

On July 29, 2010, the Japanese Steel Co., Ltd. applied for voluntary auction procedure with respect to the loan of this case based on the above collateral security.

E. On November 11, 2010, the Plaintiff took out a loan of KRW 300 million to suspend the above auction procedure, and completed the registration of establishment of a collateral for the instant loan of KRW 450 million with respect to the maximum debt amount, KRW 450 million with respect to the obligee H, and Defendant B. On the same day, the Japanese Steel Co., Ltd withdrawn the application for voluntary auction procedure commencement, and the registration of establishment of a collateral for the instant loan was revoked by the Japanese Steel Steel Co., Ltd.

F. On November 30, 2010, the Plaintiff obtained a loan from the Gangseo Credit Union to repay the debt to the creditor H, and completed the registration of establishment of a collateral for the instant loan with the maximum debt amount of KRW 364 million, the creditor Gangseo Credit Union, and the debtor. On the same day, the registration of establishment of a collateral for the instant loan granted by the creditor H as to the instant loan was revoked.

G. The Plaintiff: (a) on December 1, 2010, the maximum debt amount of KRW 75 million, creditor I, J, and the debtor regarding the loan of this case.

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