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(영문) 서울중앙지방법원 2016.01.19 2015가합529862

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 10,871,042,313 as well as KRW 5,586,878,34 as to the Plaintiff’s KRW 5,586,878,34.

Reasons

1. Facts of recognition;

A. The Defendant entered into the instant loan contract on April 24, 2009, changing the name of Solomon Savings Bank, Solomon Savings Bank, Solomon Savings Bank, Inc. into the Solomon Savings Bank on September 23, 2010.

(hereinafter referred to as " Solomon Savings Bank"), 11 billion won, 8 billion won from Busan Solomon Savings Bank, which is an affiliated company of Solomon Savings Bank, Busan Solomon Savings Bank, and 7 billion won from Gyeonggi Solomon Mutual Savings Bank, 40 billion won in total from Holomon Mutual Savings Bank, 8.5% per annum interest rate of 8.5% per annum, and April 24, 2010, each of which was granted loans, with the payment period of 40 billion won from Holomon Mutual Savings Bank.

(hereinafter referred to as “instant one loan” in combination with each of the above loans.

The Defendant received a loan from the Solomon Savings Bank on April 27, 2009 with interest rate of 8.5% per annum and the due date of repayment on April 27, 2010. Thereafter, the due date of the loan thereafter was extended several times until August 30, 2013, and the agreed damages for delay are 25% per annum (hereinafter referred to as the “instant loan”).

(2) On April 27, 2009, the Defendant purchased equity shares of Solomon Private Equity Fund (hereinafter “instant equity shares”) equivalent to KRW 10 billion (5.95% of the total equity shares) owned by Solomons 11,424,372,52, and 528, which were held by Solomons LLC Co., Ltd. (hereinafter “YA”) on April 27, 2009, using the instant loans 2.

3) The Defendant is entitled to sell the instant equity shares purchased by the Defendant between the Solomon Savings Bank and a person designated by the Solomon Savings Bank or the Solomon Savings Bank for a fixed period as set forth below (lolomon option; hereinafter “lolomon option”).

this paper concludes the performance assurance that it accords.

The contents of the performance assurance pertaining to this case are as follows:

Certificates of Performance

1. The defendant is the Commercial Act and the Financial Investment Services and Capital Markets Act.

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