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(영문) 서울중앙지방법원 2018.08.23 2017가합550471
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the parties concerned are companies running financial business. 2) The Plaintiff and the Defendant are companies running the financial business. 2) The Plaintiff and the Defendant changed the trade name to E on August 27, 2013, and the trade name was changed to C on April 1, 2015, and again, the E was a company running the information and communications network design, system construction, operation, maintenance and repair business, etc., and F is an employee of E.

3) Limited Liability Company G (hereinafter “G”)

4) The I Limited Liability Company (hereinafter referred to as the “I”) and J Limited Liability Company (hereinafter referred to as the “J”) are companies established for the purpose of the wholesale and retail trade business of telecommunications equipment and the acquisition and management business of sales claims, and H are the sole directors of G.

Special purpose corporations (SPC) established for the purpose of obtaining a loan from a financial institution, such as paragraph (1), are special purpose corporations (SPC hereinafter referred to as “instant SPC in the case of the common name of the above two companies).

B. On April 3, 2012, H visited the Defendant’s KF Center and formed a trust with the real borrower having the Defendant’s KF Center’s sales claim against G as the trust principal, and the beneficial interest was offered by the Defendant’s participation in the form of asset-backed loan transaction with L Co., Ltd. (Syd loan, joint loan). On April 24, 2012, the Defendant visited E office and conducted an examination on the said transaction, such as conducting a F-related interview. (2) However, due to L Co., Ltd.’s cause, the Defendant was withdrawn from the loan transaction previously received by the Defendant, and the Defendant was directly trustee in accordance with H’s proposal, and conducted an examination of the transaction structure.

3 The defendant was involved in the first transaction with G, and it was difficult to make a loan of 50 billion won on his/her own. On August 20, 2012, the defendant participated in the joint account with the person in charge of the labor-related branch of the plaintiff.

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