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(영문) 서울고등법원 2016.07.15 2015나2055999

손해배상(기)

Text

1. The plaintiff's appeal and the plaintiff's claim extended and selectively added in the trial are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of installment financing business, and the defendant is a company with the purpose of banking business, etc.

B. On June 27, 2013, the Plaintiff and the Defendant entered into an agreement to lend a total of KRW 2.5 billion to well-dying Co., Ltd. (hereinafter referred to as “the instant loan agreement”) (hereinafter referred to as “the instant loan agreement”) with the following content: The lender and the Defendant (hereinafter referred to as the “Plaintiff”): The Plaintiff and the Defendant (hereinafter referred to as the “N”) bank: The term “financial contract” as defined in Article 1 of the terms of this agreement, trust agreement, security agreement, and each of the above agreements or agreements, refers to the contract entered into in accordance with or incidental to the agreement.

Article 2 (i) The total amount of the principal of the loan agreement to be loaned by the lender to the borrower under this Agreement shall not exceed 2.5 billion won.

Each lender's loan agreement is KRW 1.5 billion and KRW 1.0 billion.

Article 6(1)(1)(2)(1)(2)(1)(2)(2)(1)(2)(2)(2)(3)(2)(2)(3)(2)(3)(2)(2)(2)(

1. The amount of early repayment shall be the full amount of the outstanding principal of the loan until the early repayment is made;

Article 10 (i) If a borrower becomes liable for any cause or event set forth in any of the following subparagraphs, the borrower shall, upon the request of the lender, lose the benefit of all the obligations under this Agreement to the lender:

6. If the borrower fails to perform the obligation to supplement the funds stipulated in Article 11 of the Trust Agreement, the lender and the Agency Bank shall be bound by the care of the good manager in accordance with the terms of delegation within the scope of the affairs expressly delegated by the lender, as the person entrusted with the management of the business of the lender under this Agreement.