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(영문) 서울남부지방법원 2015.01.15 2013가합107691

손해배상(기)

Text

1. The Defendants, respectively, shall pay KRW 4,00,000 to Plaintiff A Co., Ltd., and KRW 2,000,000 to Plaintiff B and each of the above amounts. < Amended by Act No. 11635, Mar. 2, 201

Reasons

1. Basic facts

A. The relationship between the parties 1) Plaintiff A Co., Ltd. (former trade name: D; hereinafter “Plaintiff Co., Ltd.”)

(2) The Defendant Bank (hereinafter referred to as the “Defendant Bank”) is a legal entity established for the purpose of facilitating independent economic activities of small and medium enterprise owners and enhancing their economic status by establishing an efficient credit system with respect to small and medium enterprise owners, thereby constituting a financial institution provided by Article 21(2) of the Enforcement Decree of the Use and Protection of Credit Information Act (hereinafter referred to as the “Credit Information Act”), and Defendant C is a person who works as a branch office at the Defendant Bank E branch from January 13, 2009 to January 201.

B. Defendant Bank and FF’s loan agreement 1) Defendant Bank and F Company on September 20, 2006

(1) A loan agreement between 1,00,000,000 won and the Account subject to a loan agreement (hereinafter referred to as “first loan agreement”)

(2) On October 6, 2008, the Defendant bank reduced the credit limit of the first loan agreement with F to KRW 500,000,000. On September 20, 2009, the Defendant bank newly entered into a loan agreement with the first loan agreement with F to October 6, 2009 (hereinafter “the second loan agreement”), while extending the credit limit to September 20, 2009. In addition, the Defendant bank newly entered into a loan agreement with small and medium enterprise financing loans, credit limit of KRW 1,00,000,000, and credit period from October 6, 2008 to October 6, 2009 (hereinafter “the second loan agreement”).

C. At the time of October 6, 2008, when the date of concluding a second loan agreement with the Plaintiff Company, the Plaintiff Company was the parent company of F, which owned 83,300 shares equivalent to 83.3% of the total issued and outstanding shares, and ② Plaintiff B was the representative director of F. 2) Defendant Bank on October 6, 2008. < Amended by Presidential Decree No. 2100, Oct. 6, 2008; Presidential Decree No. 200657, Oct. 6, 2008>