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(영문) 서울중앙지방법원 2013.10.15 2012가합538575
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation whose main business is the import and export of art works, consulting, sales mediation, exhibition and public relations. Nonparty C is the representative director of the Plaintiff company that incorporated the Plaintiff company around 2002.

B Co., Ltd. (hereinafter “B”) is a mutual savings bank established under the Mutual Savings Banks Act. As of June 30, 2010, Nonparty D held 23.83% of the shares issued B as of June 30, 2010, and held 45.92% of the shares issued in the name of a related party, such as the spouse, etc., as well as B’s largest shareholder. Since he/she was appointed as the representative director on January 21, 2002, he/she took overall control of B’s overall management

B. The Plaintiff, from August 29, 2008, borrowed money from B as collateral on several occasions, and on August 11, 2010, the Plaintiff offered the art works as collateral and borrowed money from B at the interest rate of 12% per annum and KRW 8 billion per annum on August 11, 2011. According to the agreement between the Plaintiff and B, the maturity date of August 11, 201 was extended to August 11, 201 as indicated in the table below.

(hereinafter “instant loan”). EF GH

C. D, the representative director of D, who was the representative director of D, for the termination of art works and the creation of a security against the Gyeonggi Solomon Savings Bank, has been a personally financed loan from the Solomon Savings Bank or the non-party one capital stock company (hereinafter “one capital”) in order to secure the capital increase of B.

In order to induce participation in the capital increase, B planned that art products offered by the Plaintiff, etc. as security for loan obligations or investment principal and interest obligation as security. (ii) Accordingly, D was provided as security by the Plaintiff on September 15, 201.

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