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(영문) 수원지방법원안양지원 2014.03.21 2013가합602
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are those who were shareholders of EMND Co., Ltd. (hereinafter "EMND"), a company that is the executor of EMELD, a company that created a tourism complex in the northwest-gun, Hongcheon-gun, Hongcheon-gun. The plaintiffs were holding 70,000 shares (35%) for the plaintiff Co., Ltd. (hereinafter "Plaintiff") and 28,000 shares for the plaintiff Co., Ltd. (hereinafter "Plaintiff B"), and 102,00 shares (51%) for the plaintiff Co., Ltd. (hereinafter "the shares of this case"), and the defendant is the starting corporation of the business of this case.

B. 1) AIMWD entered into a loan agreement and a pledge agreement. On October 20, 2009, in order to raise the funds necessary for the instant project KRW 130 billion, 7 financial companies, such as Bag Capital, etc. (hereinafter “Tan Bank A lender”).

(1) 14 financial companies, including promotional mutual savings banks, etc. (hereinafter referred to as “T Bank Bank B banks”);

The lender of this case may be deemed to be the lender of this case, both of the “Tanche A” and “Tanche B”.

(2) As between the Company and the Bank, the term of repayment of the total of KRW 65 billion from the Bank Bank and KRW 65 billion from the Bank Bank B lender shall be determined by the twenty-four months from the date of the loan execution (Provided, That the term of loan maturity may be extended by up to three months if the grace period for the first project is recognized pursuant to Article 7-4(3)). The business and loan agreement (hereinafter referred to as the “instant loan agreement”).

A) The Plaintiffs concluded a loan agreement, and jointly and severally guaranteed the loan obligations of AIMD. According to the instant loan agreement, the Plaintiffs decided to lose the benefit of time in the event that AIMD did not pay the loan by the repayment date. 2) The Defendant would lose the benefit of time under the instant loan agreement.

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