beta
(영문) 서울중앙지방법원 2017.07.21 2013가합72294

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Status 1 of the Plaintiff et al.

On October 30, 2007, the Epis Building D in the same Dong-dong, China (hereinafter referred to as “instant building”) shall be the Epis Building in the same Dong-gu, China on October 30, 2007.

) The acquisition and sale business (hereinafter referred to as “instant business”)

2) The Plaintiff was a representative director from February 2, 2009 to August 11, 201, and was employed as the representative director from February 2, 2009 to August 11, 201 by F as a person who owned 100% of the shares issued as a representative director at the time of incorporation C, and as a joint representative director from December 18, 2007.

3) Meanwhile, on November 20, 2007, the Plaintiff, as a subsidiary of C on November 20, 2007, established G, a Hong Kong corporation in which C owns the entire equity interest, and the Plaintiff was registered as the representative director and the Plaintiff’s wife H as its director. B. Each of the instant loan contracts and the instant business arrangements 1) C borrowed KRW 150 billion from I Co., Ltd. (hereinafter “I”) on December 207, as the Defendant’s intermediary to raise funds necessary for the instant business, and entered into a business loan agreement (PF) with the content of loans of KRW 230 billion from J Co., Ltd. (hereinafter “J”) on January 30, 2008.

(hereinafter “each of the instant loan agreements”). At the time, the Plaintiff and F, a joint representative director, who was a shareholder of C and a joint representative director, jointly and severally guaranteed the respective loans of C.

2) The Defendant arranged each of the instant loan contracts and was a party to each of the instant loan contracts as a fund manager responsible for keeping and managing the loan. According to each of the instant loan contracts, where a cause for loss of interest, including delay of repayment period for each of the instant loans, occurs, etc., the Defendant, a fund manager, has the Defendant acquire each of the instant loans (Article 17(5)3 of each of the instant loan contracts), and the Plaintiff and F, as between the Defendant and the Defendant on December 20, 2007, and each of the instant loans, etc., as the Defendant’s business points C.