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(영문) 서울중앙지방법원 2015.01.14 2014가합510311
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The summary of the case is the case where the plaintiff's employee, who was in charge of B's business with respect to the construction of residential facilities and non-residential facilities on the 2458 and 11 lots of land, Sungnam-dong, Sungnam-dong, Sungnam-dong, where the plaintiff lent the business funds (hereinafter "the project of this case"), committed a tort of breach of trust caused damage to the plaintiff by violating the plaintiff's business duties with respect to the withdrawal of loans, borrowing of additional funds from NSI, and approval or consent of establishment of subordinated security rights, etc.

On the premise of fact, the Plaintiff (a major and joint enforcement company) purchased five parcels under the name of NSI entered into an agreement on the instant project with NSI on March 14, 2005, Samsung C&T Co., Ltd. (a construction company), Korea Land Trust Co., Ltd. (a trustee and an agent and an agent) and loaned KRW 240 billion to NSI.

NSI acquired five parcels of the project site in its own name, 2457-1, 2458, 2460-1, 2461-1, and 2461-4 of the project site.

The NSI purchased one parcel under the name of NSI's business (hereinafter referred to as "business") from the business site, and the NSI purchased 2456 land from the business site.

After that, NSI decided to acquire the land of 2456 Estitu-dong by the method of stock acquisition, and acquired the shares of Estitu-dong with the Plaintiff’s loan.

NSI borrowed additional funds from the first corporation for the SSI's SSI (hereinafter "the first corporation for the SSI") for the purpose of acquiring the 2457 purchase land, the purchase land, and borrowed 33 billion won from the first corporation for the SSI, on July 5, 2006, for the purpose of acquiring the 2457 purchase land.

On September 7, 2007, the NSI entered into a loan agreement with the Kaui-Common International eervicos Lda (hereinafter referred to as "Kaui") to borrow additional funds in Korean won equivalent to US$ 69.5 million between the Kaui and the Kaui.

【Ground of recognition】 dispute.

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