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(영문) 서울고등법원 2016.04.21 2015나2037779

손해배상

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The representative director B of the agricultural company A established six special purpose corporations (hereinafter referred to as “each special purpose corporation”) such as C, D, E, E, F, F, G, and H, which are agricultural companies, and decided to engage in the lending of funds from financial institutions. From September 201, in order to raise funds necessary for the above business, A entered into a business and loan agreement with the Defendant, which is entrusted with the assets of each special purpose corporation, as follows, in order to secure obligations to the lender of each special purpose corporation: (a) the new mutual savings bank, the representative director of the lender group, the lender group, and the representative director of the lender group; and (b) the Defendant who was entrusted with the assets of each special purpose corporation to secure obligations to the lender of each special purpose corporation:

(hereinafter referred to as “the instant business and loan agreement”). 12. The term “import account” means the account opened with the name of the agent, sole or sole seal, in order to deposit and manage the sales proceeds of pigs raised by the borrower in the farm.

14. The term "operating account" means an account opened with the name of an agent and a seal affixed to a new mutual savings bank for the management and enforcement of money deposited from the loan account or revenue account, raising expenses, etc.;

Article 3 [Management of Funds] The name of the account holder for the establishment and management of the account under Paragraph 1 and the deposit of loans under the name of the borrower and the seal of the loan account, the name of the principal agent for the loan account, and the loan deposited from the deposit account in the name of the principal agent for the operation of the deposit account of the swine raised by the borrower in this case and the loan deposited from the loan account with the seal of the principal agent for the operation of the

1.For the management and operation of loans and proceeds from the sale of money under this Arrangement, an account shall be opened as follows:

2. Loans shall be made.