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(영문) 서울중앙지방법원 2014.12.11 2014가합559385

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a corporation engaged in export and import business, foreign commercial agency business, real estate development business, etc., and the Plaintiff is a shareholder holding 50% of the shares of Korea-Sberia Dood (hereinafter “Cod”) established to promote the development project, such as cutting, processing, and selling of standing timber, etc. conducted in the forest located in the forest located in the Russia Sberia Crod (hereinafter “instant project”). The Defendant is a corporation that is engaged in the business of processing, trade, etc., and is a shareholder holding 50% of the ccod shares.

B. 1) Co., Ltd. concluded a loan agreement to raise funds required for the instant business, together with the Industrial Bank of Korea and the Korean Bank Co., Ltd. (hereinafter the Industrial Bank of Korea and the Korean Bank Co., Ltd.).

(2) The loan agreement between the lender and the Defendant (hereinafter “instant loan agreement”) on July 9, 2012 is to be made between the lender and the Defendant, who is the shareholder of the lender and the CoCod, to the extent that the loan agreement does not exceed US$17,00,000.

(2) According to the instant loan agreement, the lender classified the loan agreement into Tanche A ($ 5,00,000) and Tan Bank B ($ 12,000,000) and implemented the loan in a case where the conditions prior to and subsequent to the withdrawal of each loan are met within a certain period.

3) Accordingly, the Bank Bank loans up to three months from the date of conclusion of the loan agreement, and the Bank Bank B loans are deemed null and void if they were not withdrawn within 12 months from the date of withdrawal of the Bank Bank A. C. Meanwhile, on July 9, 2012, the Plaintiff and the Defendant entered into a conditional loan repayment agreement with the lender and the Copi in order to secure the repayment of the principal and interest of loans under the instant loan agreement (hereinafter “instant loan repayment agreement”).

The main contents of the instant funding agreement are as follows.