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(영문) 서울중앙지방법원 2016.11.17 2016가합529869

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A private equity real estate investment trust1 is a privately placed real estate investment trust (hereinafter “instant investment trust”) related to the development of real estate on Pyeongtaek-si and nine lots (hereinafter “instant land”). The Defendant is its investor, and the Korea Securities Finance Corporation (hereinafter “Korea Securities Finance Corporation”) is the trust company and the Alpha Asset Management Company (hereinafter “ Alpha Asset Management Company”).

B. On November 20, 2006, Korea Securities Finance and the Yonhap Capital Co., Ltd. (hereinafter “FIE”) concluded a business agreement with DIE Construction Co., Ltd. (hereinafter “DIE”) to newly construct and sell the instant land as an executor by borrowing KRW 10 billion from DIE and DIE Construction.

C. In entering into a loan agreement with the borrower to lend KRW 10 billion (as of November 20, 2007, the repayment period) in accordance with the aforementioned business agreement with D. D. D. on the same day, the Borrower agreed that if the lender notifies the borrower that the interests of the borrower have been lost due to the above principal and interest of the loan, the borrower would lose the profits due to the obligation of the principal and interest of the loan.

The United Nations Capital also transferred the above principal and interest of loan to Korea Securities Finance on the same day, and D. D. D., the borrower, signed and sealed the contract on the assignment of the above credit and approved the transfer of the loan by obtaining a fixed date after obtaining the said contract from the borrower.

(e) In addition, DNA Construction has the same interest in time-period as above to Korea Securities Finance on the same day.