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(영문) 서울고등법원 2016.03.18 2015나9013
약정금
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 first instance court.

Reasons

1. Facts of recognition;

A. A. A loan 1 for the purchase of ships by a charter party company (the defendant's holding 90.1% of issued and outstanding shares; hereinafter referred to as "board ship") is the defendant's subsidiary company

A) A vessel of this case (hereinafter referred to as “instant vessel”) on February 2010.

2) On February 24, 2010, the Solomon Savings Bank Co., Ltd. (hereinafter “ Solomon Savings Bank”) purchased USD 27,000,000.

(3) A loan of KRW 31.2 billion with interest rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rate rateed on February 24, 2015

(2) At the time, the Defendant provided the instant vessel with the securities for transfer of the instant loan to Solomon Savings Bank with the maximum debt amount of KRW 42.5 billion on the instant vessel. At the time, the Defendant provided the instant vessel with the securities for transfer of the instant loan. 2) From around that time, the Plaintiff leased the instant vessel and received charterage. Since around November 2012, it was difficult to pay interest on the instant loan due to the aggravation of the shipping competition.

3) On November 2, 2012, Jinmon Savings Bank paid only interest that was reduced by 1 to 9% of the loan interest rate of this case until Solomon Savings Bank recovered the shipping competition, and requested so that the remaining interest may be paid after the recovery of the shipping competition. However, the Solomon Savings Bank rejected it. 4) around that time, the Solomon Savings Bank refused to collect the loan of this case: ① selling the ship of this case or exercising the right to collateral security (right to collateral security) was to receive the loan of this case from the proceeds of the sale of the ship of this case, ② to have the solomon Savings Bank continue its business using the ship of this case, ② to have the solomon Savings Bank hold the ship of this case and continue its business using the ship of this case, and sell the solomon Savings issued stocks from the defendant to a third party and sell them as proceeds of sale.

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