[Civil Administration]In a lawsuit claiming damages of 4 billion KRW, the plaintiff appealed the first-instance ruling and won a complete victory.

23 Feb 2024

1. Factual Background


  • The plaintiff, a implementing agency (hereinafter referred to as the "plaintiff"), claimed damages of 4 billion KRW against H Bank (hereinafter referred to as the "defendant"), one of the lead financiers in a real estate PF loan, based on the duty of care of a representative financial institution. 
  • The defendant was completely defeated in the first instance, and in the appellate court (second instance), represented by Attorney Choi Ji-hyun, the plaintiff's attorney, the first-instance decision was overturned, resulting in a complete victory.


2. Litigation Strategy


  • Attorney Choi Ji-hyun meticulously reviewed the loan agreement and related case law to interpret contract provisions in favor of the defendant. 
  • Furthermore, in relation to a case where multiple financial institutions formed a syndicated loan for a real estate Project Finance (PF) project, she cited a principle stating that a representative bank is obliged to handle delegated matters within the scope explicitly delegated, emphasizing that the defendant was not in a position to act on behalf of the plaintiff. 
  • Additionally, in preparation for the eventuality of the plaintiff's claim for damages against the defendant being recognized, she asserted a setoff claim by categorizing the plaintiff's unpaid loan receivables as automatic receivables and the plaintiff's claim for damages against the defendant as passive receivables.


3. Victorious Verdict


With Attorney Choi Ji-hyun's litigation strategy, the court concluded that H Bank, the plaintiff, bore no liability for damages, leading to the reversal of the first-instance judgment and achieving a complete victory.

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