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(영문) 서울중앙지방법원 2015.04.09 2013가합67322

손해배상(기) 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C’s loan, etc. 1) SBA Savings Bank Co., Ltd. (the former trade name prior to the change is Hyundai Swiss2 Savings Bank, Inc., hereinafter “SBA2 Bank”).

(C) On January 10, 2007, C Co., Ltd. ( October 13, 2008, hereinafter “C”) shall be changed to D, Inc. (hereinafter “C”).

(C) A loan of KRW 3.5 billion was made on the same day after entering into a credit transaction agreement with C (hereinafter “C loan”).

2) Of the above loans, KRW 3.12 billion was transferred to the Plaintiff’s account via the account of E, a major shareholder of C. (2) Plaintiff A subscribed to the term deposit (F) of EBA bank on January 10, 2007, and offered the deposit claim as security for the loan obligation under Section C’s above Section 1) to EBA2 bank on January 11, 2007, and C created a pledge agreement with the Plaintiff on January 11, 2007.

B. (1) On January 11, 2007, 2007, when C repaid its loans, G Co., Ltd. (the representative director is H) a corporation with the largest shareholder of C;

hereinafter referred to as "G"

(3) The term “G loans” means loans made by entering into a credit transaction agreement with G on January 11, 2008 and setting the maturity of KRW 3.5 billion in G as of January 11, 2008.

2) As to G’s loan, E and H, the representative director, were jointly and severally guaranteed, and G’s term deposit claim (324,51,778 won, and the term deposit claim (324,55,778 won, January 11, 2007) against E and E were offered as security.

3 The plaintiff A also consented to the offer of security for the loan of G and January 11, 2007

1.(a)

2) Time deposit claim as referred to in paragraph (1) (hereinafter “instant deposit claim”).

A) A pledge against the Plaintiff was established and transferred C’s shares, etc. (an amount equivalent to KRW 739,200,000) held by the said Plaintiff to SBA 2 Bank for the purpose of collateral. (4) If G did not pay interest on the said loan properly, SB Bank and G’s deposit claim on April 16, 2007.