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(영문) 서울중앙지방법원 2015.09.11 2014가단5315231

손해배상(기)

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

(a) Status 1) D is a corporation E (hereinafter referred to as “E”);

(F)the Corporation F, Inc. (hereinafter referred to as the “F”);

(2) In the operation of the project, the project for creating a warranty in Ansan-si G (hereinafter referred to as the project in this case) shall be carried out.

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

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

B. Defendant B’s instant business financing loan, etc. 1) around September 3, 2008, Defendant B loaned KRW 22 billion to E by project financing method. 2) Since it was difficult for D to make additional loans under the name of E in which the nonperformance was imminent, Defendant B changed the instant business implementation period to F.

F) around July 24, 2009, the F was loaned KRW 10 billion from the LF Savings Bank.

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'

C. Around May 19, 2009, the Plaintiff lent KRW 400 million to E as funds necessary for the approval of completion of the instant project site. E agreed to pay KRW 600 million after one month to the Plaintiff, while offering the Plaintiff as collateral the sales contract for the sales of the entire sales amount of four stores (129-132) within the Riart shop (129-132) that will be completed by the instant project. 2) E, around June 18, 2009, was unable to repay the Plaintiff KRW 600 million within the period of the said agreement, transferred the Plaintiff’s ownership of two of the stores offered as collateral and agreed to pay KRW 900 million by September 20, 2009.

3) Around July 30, 2009, E was processed in default. Around August 1, 2009, F concurrently assumed the above debt owed to the Plaintiff of E. D. Defendant B’s occupational breach of trust by employees H 1) KRW 9,723,810,487, which was deducted from the fee, etc. out of the above loan owed by the HF, was deposited into the FF’s bank account (I).

Defendant B shall set up a pledge on the above deposit claims and examine the request for withdrawal of the Si event, and shall grant the above loans.