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(영문) 서울중앙지방법원 2020.06.19 2019가합564894
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. around 2015, Defendant B was the head of the loan team at the Sung-gun Branch of the Defendant C Co., Ltd. (hereinafter “Defendant Bank”).

B. On November 2015, Defendant B introduced the Plaintiff’s husband D with his husband D, a representative director F of the Incorporated Agricultural Company E (hereinafter “E”) and recommended Defendant B to lend funds to F.

C. On November 9, 2015, the Plaintiff transferred KRW 180 million to the financial account in the F’s wife G, and completed the registration of creation of a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of KRW 216 million with respect to the land and each of its above land owned by the G, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and Hongcheon-gun, and one hundred and sixty-six square meters of land and its ground (hereinafter collectively referred to as “instant one real estate”).

From that time until November 17, 2016, the Plaintiff remitted a total of KRW 295 million (hereinafter “instant loan”) over four occasions as indicated in the following table to the financial account in the G name.

On November 2015, the monthly interest rate of KRW 180,000,000,000 in G 180,000 on November 1, 2015, and KRW 1.8% on December 22, 2015, the maximum debt amount of KRW 1.8% in the instant first collateral mortgage shall be changed to KRW 288,00,000 on December 29, 2015, the maximum debt amount of KRW 1.8% in G 29,000 on December 29, 2016, and KRW 1.8% in KRW 45 million on November 17, 2016.

D. G and F demanded the Plaintiff to set up a collateral security of KRW 300 million with a maximum debt amount on the building of 246.2m2m2 and its ground (hereinafter “instant two real estate”) located in Hongcheon-gun, Hongcheon-gun, Seoul, and request the Plaintiff to terminate the right to collateral security established on the instant one real estate.

Accordingly, on March 25, 2016, the Plaintiff cancelled the registration of creation of a mortgage on the instant real estate No. 1, and instead completed the registration of creation of a mortgage on the instant real estate No. 2 with the maximum debt amount of KRW 300 million (hereinafter “instant collateral mortgage”).

E. The Plaintiff, G, and E shall be the Plaintiff up to June 10, 2017.

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