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(영문) 대구지방법원 2016.06.16 2015가합2342

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 Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is the owners and 495 lessees of the 116 sectioned stores among the stores located in the clothing center of the general distribution complex B in Daegu-gu, Daegu-gu, as well as the 116 sectioned stores (hereinafter referred to as “instant secured stores”). The said sectioned stores are operated in a trade name “C” at each of the said sectioned stores, and they leased and sublet each of the said sectioned stores to the Defendant around November 29, 201, and thereafter, the Defendant operates a let from that time to that time.

B. On October 1, 2013, the Plaintiff loaned KRW 2 billion to Nonparty Company for the purpose of financing, but the Plaintiff concluded a credit transaction agreement with the effect that the Nonparty Company will receive the first priority interest of KRW 2.6 billion equivalent to the first priority interest of KRW 7.8 billion out of the first priority interest of the first priority interest (hereinafter “the instant credit transaction agreement”), and loaned KRW 2 billion to Nonparty Company.

In addition, the Korea Stock Savings Bank also loaned 4 billion won to the non-party company as a financing loan, and made a credit transaction agreement with the non-party company to provide the 5.2 billion won priority interest equivalent to 2/3 of the above 7.8 billion won priority interest among the 7.8 billion priority interest interest, and borrowed 4 billion won to the non-party company.

C. On February 28, 2014, the non-party company delayed the payment of interest on loans to the Plaintiff and the Securities Savings Bank, and the Securities Savings Bank applied for a public auction on the instant secured goods.

On July 16, 2014, the above public auction procedure was several times, and on July 14, 2014, the minimum bid amounting to KRW 6.743 billion was suspended at the request of the listed bank.

As of May 21, 2015, the Plaintiff’s loans to Nonparty Company (hereinafter “Plaintiff”) as of May 21, 2015 reaches the principal amount of KRW 2 billion and interest KRW 59,524,419.

【Unsatisfied facts, Gap evidence 1, 3 through 6 (if there is a tentative number, each number shall be included).