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(영문) 서울중앙지방법원 2015.10.21 2014가합586943

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B Limited Liability Company and C Company C’s hotel and casino business promotion 1) B Limited Liability Company (hereinafter “B”) are to promote hotel and casino business (hereinafter “instant business”) through D and E, a local subsidiary of the Philippines, in a special zone for the freedom of the sharing of the Philippines, and around May 20, 2008, Defendant and C Company A’s Alley Capital Co., Ltd. (hereinafter “B”)

B) A joint agreement was concluded between the Defendant’s loans of KRW 27.5 billion (i.e., the Defendant’s loans of KRW 16.5 billion + the amount of loans of KRW 11.0 billion). F, the actual operator of the B, jointly and severally guaranteed the Defendant’s loans of KRW B and B, the amount of loans of KRW 11.0 billion. (ii) On May 20, 2008, the amount of all the rights and obligations pursuant to the said joint agreement is the future mutual savings bank (hereinafter referred to as “US mutual savings bank”).

Accordingly, for the instant business on the same day between B, Defendant, future mutual savings bank, and F, the Defendant and future mutual savings bank loaned 16.5 billion won each and 3.0 billion won each to B, and the F entered into an agreement on the change of the content that F will jointly and severally guarantee the above loan obligations. 3) Accordingly, the Defendant issued to B a letter of intent to provide additional 85.0 billion won in relation to the instant business at F’s request on July 1, 2008.

4. On the other hand, the subject of the instant business is C et al., another company established by F around May 2009.

A) Around May 2009, the Defendant: (a) lent to C four business places, including L, in the name of G, a local corporation of the Republic of Korea, the Suwon management agency in the Republic of Korea, SBMA, and H, with a total of KRW 6.5 billion, from November 5, 2009 to August 19, 201; (b) KRW 1.4 billion to August 29, 201; and (c) KRW 6.5 billion to March 29, 201; and (d) around May 2009, C leased four business places including L, in the name of G, a local corporation of the Republic of Korea.