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(영문) 서울고등법원 2017.11.28 2017나2032983
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. 1) Foreign Partnership Partnership Co., Ltd. (hereinafter “Foreign Partnership”)

(A) On November 14, 2014, the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter referred to as “A”).

(A) On November 13, 2015, the repayment period was set at the rate of 6.9% per annum and lent KRW 400 million per annum (hereinafter “instant loan”).

2) At the time of the transfer partner and A agreed to the effect that “The interest shall be paid on the last day of each month, and if the interest is not paid, interest shall be lost without any separate peremptory notice, and interest shall be paid at the rate of 20% per annum from the day after the day when the benefit was lost.”

(hereinafter referred to as the above lending agreement is referred to as “instant lending agreement”). B.

Upon the conclusion of the instant loan agreement, the first instance trial Co-Defendant D Co., Ltd. (hereinafter “D”) concluded an agreement on November 14, 2014, which stated that the instant loan agreement was concluded, that “No. 1 billion won shall be provided as security for the obligation to return the loan to A under the loan agreement of this case, out of the credit held by the E.S. partner and Damaa Co., Ltd. (hereinafter “Seoul”) against D Co., Ltd. (hereinafter “D”) on November 14, 2014.”

(hereinafter referred to as the “instant security agreement”) C.

(1) The Defendant had resigned from A’s representative director on November 7, 2014, which was prior to the instant loan agreement, but concluded the instant loan for consumption with A as the representative of A. However, the registration of resignation of the representative director was completed on November 24, 2014, which was after the instant loan for consumption was concluded. (2) The Defendant, as the representative director of D, concluded the instant loan for consumption with D and the instant security agreement.

A, such as whether the loan agreement of this case and the agreement to provide security are fulfilled, is the first payment date after the loan agreement of this case.

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