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(영문) 서울중앙지방법원 2016.08.31 2015나57545

손해배상(기)

Text

1. The plaintiff's appeal and the appellate court shall dismiss all the plaintiff's primary claim and the conjunctive claim expanded in the court of appeal.

2...

Reasons

1. Basic facts

A. 1) D is a party E Co., Ltd. (hereinafter “E”).

(F) Co., Ltd., F (hereinafter “F”).

(2) In the operation of the project, the project to create a warranty in Ansan-si G (hereinafter referred to as “instant project”).

(2) The Plaintiff and the Defendant B (hereinafter “Defendant B”) leased funds to E in relation to the instant business.

Defendant C was the representative of Defendant B (from September 25, 2009 to April 9, 2015), and H was the employee of Defendant B.

B. Around September 3, 2008, Defendant B (1) intends to lend KRW 22 billion to E by means of project financing, and to withdraw funds from the loan account and loan financing account under Chapter IV, Section 12, Section 7 (Method of Executing Project Costs) of the Loan Agreement, the borrower shall, with the consent of the City Corporation, submit to the lender a written request for payment of funds in the form. Upon the request of the lender, the borrower must submit to the lender a written request for payment. The lender must reasonably require the documents proving that the funds will be used as project costs and the execution of the funds. The lender may pay to the borrower or directly pay to a third party to whom the borrower intends to execute the funds if it is deemed reasonable. However, the lender concluded a request or deferred payment if it is deemed insufficient to prove that the funds will be used as project costs, or if it is difficult for the lender to perform the funds.

F) around July 24, 2009, the F borrowed 10 billion won (hereinafter “instant loan”) from the LF Savings Bank (hereinafter “instant loan”).

Defendant B provided credit to F's F's F's F's F's F's F's F's F's F's F's F's H'

In addition, Defendant B’s claim for the deposit of the F Account with which the instant loan was deposited.