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(영문) 서울중앙지방법원 2015.07.07 2011가합9797
손해배상
Text

1. The Defendant Industrial Bank of Korea shall pay to the Plaintiff KRW 10,000,000,000 as well as 5% per annum from January 17, 2012 to July 7, 2015.

Reasons

1. Basic facts

A. (1) On January 19, 2010, Defendant Lee Jong-il Co., Ltd. (a) entered into a loan agreement and an agreement on acquisition of loan claims (hereinafter “FFFFF”) with respect to the construction of office buildings and commercial facilities on the land, including the land on which 263 and 8 lots of land in Jongno-gu Seoul, Jongno-gu, Seoul, Seoul, and then sell them to a third party (hereinafter “instant project”).

Defendant Lee Il-il, Public E-mail, Inc. (hereinafter referred to as "Defendant Lee Il-il") is a special purpose company established on January 20, 2010, with the purpose of temporarily borrowing funds necessary for lending funds to e-ROMs, the management, operation and disposal of loans and all rights, etc. incidental thereto, the issuance and redemption of commercial papers, the redemption of commercial papers, etc., and the conclusion and alteration of contracts necessary for the performance of each of the above tasks, the investment of surplus funds, and the business incidental thereto.

(B) On January 26, 2010, 2010, the manager C (the chief of the structuralization financing division) of the Defendant Epician Co., Ltd. (hereinafter “Defendant A”) was merged into B as of August 1, 2014, Defendant Epician and Epician Co., Ltd. (hereinafter “the underlying assets of this case”), and the company B was converted into “A” as of August 1, 2014; and on January 26, 2010, Defendant Epician borrowed KRW 65 billion from Defendant Epician to raise the project funds of this case; Defendant Epician was granted the loan of KRW 65 billion from Defendant Epician to obtain the loans of this case; Defendant Epician was paid KRW 65 billion from the above loans of this case; and Defendant A, as a fund manager, performs the role of lending agreement to be used for the project of this case.

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