손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
1. The following facts are acknowledged in full view of the purport of the entire pleadings, either as a matter of dispute between the parties, or as a whole as to the statements in Gap evidence of 1 to 4, Eul evidence of 1 and 2 (including each number; hereinafter the same shall apply).
The plaintiff, the representative director of the corporation B (hereinafter “B”) and the largest shareholder, as the representative director of the corporation B (hereinafter “B”), was to obtain a loan from Defendant Lomera LEL (hereinafter “Defendant GEM”) on the security of the shares issued by the company B.
In the process, on August 17, 2012, the Plaintiff entered into an ECL agreement which delegates Defendant SK (hereinafter “Defendant GSK”) as an advisory corporation for overseas financing, which is a subsidiary company in Korea of Defendant GEM, to the following terms:
(hereinafter referred to as “the instant ECL contract” and, in particular, Article 4(3) of the instant damages clause. This agreement is a contract under which the Plaintiff delegates Defendant GSSK as an advisory corporation for overseas financial procurement in accordance with the following conditions in relation to Defendant GEM’s EC credit in accordance with the terms and conditions set forth below.
Article 1 (Arrangement) (1) (1) (ECL) (1) financial instruments secured by Defendant GSSK’s account with secured stocks and with 85-87% (87%) of the stocks secured by Defendant GESK’s stock sale-type loan from Defendant GEM fund to pay to the applicant for the loan and redeems the stocks secured at the time the amount paid is repaid. (2) Defendant GSSK (contractor): The subsidiary company of Defendant GEM manages B’s stocks through the account of ECL advisory and advanced securities; if the Plaintiff is unable to repay the loss of due interest and the amount of the loan, the disposal of stocks and the Defendant GEM is the company applying for the loan and the security: Plaintiff (2) Company: B: 3. Ordinary stocks (80 million share per week): 5 billion won: 5% per total amount of loans extended by 3 years (one month or more before maturity 90: 68% per annum, one month or more 68% per annum, one month or more).