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(영문) 서울중앙지방법원 2016.12.02 2016가합6700
약정금 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties A (hereinafter “Plaintiff Company”) is a corporation with the objective of housing and commercial building construction business, etc., and Plaintiff B is the former affairs of the Plaintiff Company, and Plaintiff C is the spouse of Plaintiff B.

Defendant D is a person who served as the representative director of Defendant E Co., Ltd. (hereinafter “Defendant bank”) from June 30, 2010 to November 30, 201.

Plaintiff

F (The representative director G of the Plaintiff Company, who is the chairperson of the Plaintiff Company, is between J and J, which substantially operates Defendant H and I Co., Ltd. (hereinafter “I”), by changing the trade name on January 19, 2015 to “Co., Ltd. I” and completing its registration on January 22, 2015; hereinafter “I”).

(F) However, F and J became aware of each other only with the introduction of Defendant H.

Defendant H, upon the request of J on April 201, 201, proposed that the Plaintiff Company deposited a term deposit in the Defendant Bank and set up a pledge on such term deposit in order to secure the Defendant Bank’s loan obligation. F accepted this, and ordered the Plaintiff Company’s representative director and the Plaintiff B to deposit such term deposit and provide security. (ii) On April 26, 201, the Plaintiff Company deposited KRW 500 million in the Defendant Bank as of July 26, 201, and the Defendant Bank held a credit review committee on May 2, 201, and approved the Plaintiff Company’s loan of KRW 500 million in the said term deposit as security.

On May 2, 2011, Defendant D drafted and awarded to F the following commitments (hereinafter “instant commitments”).

I agree to thoroughly manage the provision of KRW 500,000 (dated April 201) of the term deposit in the name of the Plaintiff bank with the Defendant bank by establishing a third party's pledge before the third party and to return it even if it is in the future.

Defendant.

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