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(영문) 서울중앙지방법원 2020.01.28 2017가단5067359

손해배상(기)

Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 5% per annum from October 10, 2016 to April 10, 2017.

Reasons

1. Facts of recognition;

A. The defendant is a company operating freezing warehouse business, etc., and C is a representative director of the defendant.

B. The Defendant mainly stored agricultural and livestock products entrusted by the distributors of agricultural and livestock products, entered into a freezing use contract with each financial institution, and then, issued a “transfer certificate” to a financial institution, which is a document to the effect that the ownership of the security is changed from the imported land distributor to the financial institution as the secured party and keep the security in the freezing warehouse for the financial institution as the secured party.

C. C has received a proposal from E and F that “it is intended to take over the freezing warehouse that, while our country operates an imported meat distributor, such as D, it is an additional security. The representative of the freezing warehouse company that is newly accepted by the Party is entrusted to it.” On December 2012, 201, it was registered as the Defendant’s representative director.

E and F, due to the aggravation of the financial condition of “D-affiliated borrower company”, came to take account of the economic situation where it is difficult to repay the principal and interest of existing land-backed loan, they received a new loan from financial institutions as collateral, and received a loan from the Defendant for the purpose of repaying the existing loan, and instead appropriated the items and value of the collateral, or obtained a loan from financial institutions by using it as a overlapping security as if the imported land provided by financial institutions are normal collateral.

E. E and F shall obtain loans under the name of H, a corporation registered by G as its representative, and offer to repay the existing loans with the loan. On October 10, 2016.