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(영문) 서울중앙지방법원 2017.08.18 2016가합501991
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On July 30, 2010, with respect to the business of remodelling and selling and leasing “D” buildings (hereinafter “instant building”) located on the land outside Jongno-gu Seoul, Jongno-gu, and two parcels (hereinafter “B”), the Nonindicted Party B (hereinafter “Defendant B”) included 11 financial companies, including the Korea Savings Bank Co., Ltd. (hereinafter “Defendant lender”), including Defendant 9 and 12. From among 11 financial companies, six companies were bankrupt, and Defendant 2, 3, 4, 5, 7, and 8 were comprehensively succeeded to the rights and obligations of the Future Savings Bank among the said lender, pursuant to the Financial Services Commission’s decision on the transfer of contracts under the Bankruptcy Act.

It does not distinguish between the parties before and after the bankruptcy of some of the parties, and is said to be the "defendant" as above.

The Plaintiff received a loan of KRW 55 billion from the lender (hereinafter “instant loan”), and on the same day, the Plaintiff jointly and severally guaranteed all obligations that B bears to the Defendant Company in relation to the said loan.

According to the loan agreement concluded at the time of the above loan (hereinafter "the loan agreement of this case"), interest on the loan was 10% per annum and interest on the loan was determined to be lost if the borrower and the joint guarantor did not pay interest, etc. on the loan at the due date.

B. Upon entering into the above loan agreement, the Plaintiff: (a) entered into a real estate security trust agreement with the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”); and (b) entered into the said loan agreement with the Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant International Asset Trust”); and (c) entered into a real estate security trust agreement with the purport that the Defendant International Asset Trust will guarantee its implementation by realizing the above real estate when the Plaintiff fails to perform the joint and several debt obligations, etc. of the above loan to the Defendant Bae, a first priority beneficiary; and (d) on the same day,

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