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(영문) 서울중앙지방법원 2015.04.03 2014가합577253
손해배상(기)
Text

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

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

Reasons

On November 206, 2006, B, who was a manager, as the head of the Plaintiff’s A branch, was visiting the Defendant’s hill point, and the Defendant demanded that the Defendant implement a short-term loan in the form of bridged loan (hereinafter “PF loan”) with respect to the housing projects planned by the PPPC Co., Ltd. (hereinafter “PP”) on the site of Gyeonggi-si and 26 lots of land (hereinafter “instant site”). For this purpose, it is necessary to raise the credit rating of PPP, and therefore, the Defendant’s loan is intended to use PFC’s loan as a deposit against the Plaintiff of PPP by the time of PF lending.

On November 22, 2006, the Defendant accepted the above request, and loaned KRW 3 billion to the P&C on May 22, 2007 (hereinafter “instant loan”), and concluded the following agreements (hereinafter “instant agreement”) with the P&C and the Plaintiff:

LAWC deposited KRW 2.28 billion in the Plaintiff’s term deposit account among the above loans of KRW 3 billion, and the Plaintiff uses the said deposit and KRW 2.5 billion in total as security for the loan of this case (hereinafter “the instant deposit”).

The Plaintiff, upon the execution of the PF loan to PFC, shall require PFC to repay the entire amount of the instant loan to the first PF loan, but if PF loan is not recovered within three months after the date on which PF loan was granted, PPC should cancel the instant deposit and preferentially repay the instant loan to the Defendant, and PPC shall delegate the right to proceed with the repayment procedure to the Plaintiff.

At the time of the instant loan, the mortgagee’s right to collateral security and the maximum debt amount shall be KRW 3.488 billion with respect to the instant site.

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