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1. The part against the defendant among the judgment of the court of first instance against the defendant is revoked, and the plaintiff's claim corresponding to the revocation part is revoked.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 5 through 8, 18, and evidence No. 2-1, 2, and evidence No. 3-1, 4-1, 2, 3, 2-B and 3.
1) Status of the party A, a bankrupt corporation A (hereinafter referred to as “A”)
(2) Defendant B, from September 1, 2010 to March 9, 2012, served as the vice head of A, and Defendant C as the full-time audit committee member from September 27, 2011 to September 27, 2012, respectively. (2) A was declared bankrupt on September 26, 2013 by Seoul Central District Court Decision 2013Hahap139, and the Plaintiff was appointed as the trustee in bankruptcy on the same day.
B. Defendant B’s loan claim (hereinafter “instant loan claim”) of KRW 11,436,411,974 (interest of KRW 6,261,11,55) for the development of the business community of Company A on June 10, 201 (hereinafter “instant loan claim”) (hereinafter “instant loan claim”).
In relation to the secured real estate of the instant loan claims (Seoul D Apartment No. 1st, 207, 201, 204, 205, 301, 302, 303, 401, 404, and 405, hereinafter referred to as “mortgaged real estate”).
In the process of the public auction with respect to the instant secured real estate, the KB Real Estate Trust Co., Ltd. (hereinafter “KB Real Estate Trust”) (hereinafter “KB Real Estate Trust”), which is a trust of the instant secured real estate, was put into the Republic of Korea for a public auction with respect to the instant secured real estate. The appraised value of the instant secured real estate was calculated as KRW 4,610,00,000,000.
KB real estate trust shall set the first public auction price of this case at KRW 8,298,00,000, the second public auction price of KRW 7,468,900,000, and the third public auction price of KRW 6,723,100,000, and the fourth public auction price of KRW 6,051,60,000, respectively, and shall set the third public auction price of this case at KRW 6,00,00.