손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning of the judgment of the court of first instance cited in the instant case is to be changed or deleted as stated in the following Paragraph (2), and the reasoning of the judgment is to be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for additional determination as to the Plaintiff’s assertion as stated in the following Paragraph (3).
(A) The grounds alleged in the trial during the appeal by the Plaintiff are different from those alleged in the first instance court. However, considering the evidence additionally submitted by the Plaintiff in the trial, it is not deemed different from the fact-finding and judgment in the first instance court. 2. Change and deletion of the part 2. 2. Change and deletion of the “financial SPC” in the first instance court No. 5 is changed to “business SPC.”
The fourth and sixth parts of the judgment of the first instance shall be changed to "K Co., Ltd. (hereinafter referred to as "K")" to "K Co., Ltd. (hereinafter referred to as "K").
The term "K" shall be changed to "K", from 6th of the first instance judgment, from 21 to 7th of the 1st instance judgment.
The "B" of the 7th judgment of the first instance shall be changed to "B" in the 7th judgment of the first instance.
Part 10 of the judgment of the first instance was included in the 17th sentence, and it was changed to "the entry".
Part 10 of the judgment of the first instance shall be deleted from the 17th page " also" to the 19th page "."
No. 10 of the first instance judgment, "7.8 billion won (=5.8 billion won)" of the 20th judgment (=5.8 billion won) shall be changed to "5.8 billion won".
The "7.8 billion won" in the 7th sentence of the first instance judgment shall be changed to "5.8 billion won".
The term "5.5%" in the 9th sentence of the first instance judgment shall be changed to "5.05%".
3. Additional determination on the Plaintiff’s assertion
A. The Plaintiff’s assertion 1) The business and loan agreement concluded on June 2, 201 at K, L, M, and Na-si (hereinafter “instant business and loan agreement”) with respect to the interest rate on the instant loan (hereinafter “instant business and loan agreement”).
Article 1-3 subparag. 13 of the Act provides that “interest rate” shall be “interest rate separately determined in consideration of interest rates, expenses, etc. of L and ABCP issued by each L and M,” and Article 3-3.