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(영문) 서울중앙지방법원 2015.05.20 2014가합569214
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

The summary of the case is the case of partial claim seeking payment of KRW 200,000,000, respectively, out of the amount of damages incurred by the plaintiffs due to the new loan and its delay damages, by asserting that the defendant violated the obligation to explain the plaintiffs, who are the comprehensive collateral guarantor of the new loan, and at will committed a tort to implement the new loan with the maturity of the existing loan at will, and at will, set the maturity of the existing loan.

On the premise of fact, C Co., Ltd. (hereinafter referred to as “C”) in arrears with existing loans (hereinafter referred to as “C”) took part in the Etawork construction project on the parcel outside D and nine parcels of Pakistan, and was loaned by the Defendant on May 9, 2007 at the rate of 10% per annum and 24% per annum on May 9, 2007.

At the time, C concluded a collateral trust contract on the business site with the K non-real estate trust company (hereinafter referred to as "K non-real estate trust") with the defendant as the first beneficial right holder.

C was unable to repay the above loans by May 9, 2008, the maturity date, and the delay damages amounted to one billion won.

On December 5, 2008, the defendant requested a public auction of the business site to K non-real estate trust, and notified C that the public auction will be conducted if the loan obligation is not repaid by December 19, 2008.

The plaintiff company, along with C, has invested considerable funds in order to carry out the new Elwork construction project.

C and the Plaintiff Company requested the Defendant to provide a new loan of KRW 1.1 billion, which is equivalent to the delay damages for existing loans, in order to adjust the delay damages for existing loans and suspend the public auction procedure for the project site by extending the maturity.

C The effect that around December 31, 2008, around 2008, the credit amount of 1.1 billion won, the blank of the credit period expiration date, interest rate of 14% per annum, damages rate of 24% per annum, and the maturity of existing loans is changed from May 9, 2008 to May 9, 2009.

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