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(영문) 서울중앙지방법원 2015.02.05 2014가합521045
양수금
Text

1. The defendant is against the plaintiff's bankrupt debtor, Busan Savings Bank's trustee in bankruptcy, Busan Savings Bank's US dollars 17.

Reasons

1. Basic facts

A. On June 8, 2007, the Cambodian Government and T-Acker C-Icker (hereinafter “T-Icker”) concluded an agreement on the instant project (hereinafter “instant project”) with Cambodia F-Icker and its neighboring land development project (hereinafter “MOA”). Based on the above MOA, T-Icker and Busan Savings Bank (hereinafter “TB Savings Bank”) concluded a loan agreement on January 9, 2008 for the instant project, and had T-Icker and Busan Savings Bank (hereinafter “C-Icker”) established Cambodian and run the instant project as its local corporation and loan to Busan Bank and its neighboring land development project (hereinafter “the instant project”). On January 8, 2007, Busan Bank and Busan Bank (hereinafter “C-I2 Savings Bank”) decided to loan its local corporation and loan its operating funds to Busan Bank to Busan Bank and its affiliated corporation below 20%.

B. Accordingly, on January 10, 2008, when the Defendant, a local subsidiary of Cambodia, was established, it transferred to the Defendant all business rights related to the instant project on January 17, 2008.

On the other hand, the Busan Savings Bank and the Busan Second Savings Bank established around November 2007, borrowed funds necessary for the instant project to the Cambodia Co-Interest Press (hereinafter “ Cambodia”) from a domestic corporation incorporated on or around November 2007. The Cambodia borrowed the above loans to the Defendant again.

C. Pursuant to the above agreement, Cambodia’s profit presses; ① Busan’s savings bank extended 36,728,00,000 won in total over 10 times from November 5, 2007 to March 30, 2010; ② Busan’s2 savings bank extended 21,975,00,000 won in total over eight times from May 23, 2008 to December 31, 2010.

Cambodia is between the Defendant and ① USD 25 million of the loaned principal on January 17, 2008, the due date for payment on December 31, 2013 (hereinafter “first loan agreement”); ② USD 15 million of the loaned principal on July 15, 2008; and

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