beta
(영문) 수원지방법원 2016.06.10 2015가합67966

대여금

Text

1. The Defendant’s KRW 1,429,582,901 as well as 13% per annum from August 8, 2015 to June 10, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Relevant parties 1) The Plaintiff is a public institution entrusted with investment in energy-saving facilities prescribed by Presidential Decree by the Government pursuant to Article 14 of the Energy Use Rationalization Act, the manufacture, installation, and construction of energy-saving machinery and materials, and other financial support for projects for rationalizing energy use and reducing greenhouse gas emissions thereby. 2) The Defendant is a financial institution established pursuant to the Industrial Bank of Korea Act and engaged in banking business, etc.

B. On April 6, 2011, the Plaintiff was running a new and renewable energy business as of April 6, 201 (former Maritime Road Co., Ltd.; hereinafter referred to as “Seoul Habnb”)

(3) The term “Agreement on the Development of Energy in 201” (hereinafter “instant lending agreement”) providing a loan to the Plaintiff for the purpose of financial support to the Plaintiff.

The main contents of the loan agreement are as follows. [The loan agreement of this case] Article 1 (Operational Principles) (1) The defendant is the Ministry of Trade, Industry and Energy (the Ministry of Knowledge Economy, the Ministry of Trade, Industry and Energy, and the Ministry of Trade, Industry and Energy, the Ministry of Knowledge Economy,

(2) The lending funds borrowed by the Defendant shall be loaned to the Defendant under the responsibility of the Defendant, and the profits and losses therefrom shall accrue to the Defendant. ② The lending funds borrowed by the Defendant shall refer to the lending of funds to the Defendant. < Amended by Presidential Decree No. 2010, Feb. 1, 2007> The lending of funds to the Defendant shall be made by the Defendant. The lending of funds to the Defendant shall be made under the responsibility of the Defendant, and the profits and losses therefrom shall belong to the Defendant. < Amended by Presidential Decree No. 20348, Feb. 2, 2008>