logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.10.08 2013가합1870
손해배상(기)
Text

1. As to KRW 981,123,683 and KRW 980,107,701 among the Plaintiff, Defendant A Co., Ltd., from December 5, 2012 to June 5, 2013.

Reasons

1. Claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act.

b. Claim against Defendant B, C, D, E, F, and G

A. Facts of recognition 1) The Plaintiff is Defendant E Co., Ltd. (hereinafter “Defendant E”) on July 21, 2011.

Defendant C and D’s H golf membership 15 (hereinafter “instant golf membership”) issued by Defendant C and D

(1) On July 26, 2011, Defendant A Co., Ltd. (hereinafter “Defendant A”) created a pledge with a maximum maximum debt amount of KRW 1.8 billion.

(1) The loan is extended to an enterprise with a limit of one billion won (hereinafter referred to as “instant loan”).

(2) On December 24, 2012, the Plaintiff became aware that the instant golf membership fee was not paid on the following grounds: (a) Defendant F and G’s representative director and employee each of Defendant E issued a written consent of pledge on each of the instant golf membership and a written confirmation of the golf membership membership membership agreement to the Plaintiff. (b) On December 24, 2012, the Plaintiff became aware that the instant golf membership fee was unpaid.

3) The balance of the instant loan, which was not recovered as of the date of the closing of the instant argument, is KRW 980,107,701, and interest and delay damages until December 4, 2012, KRW 1,015,982, totaling KRW 981,123,683 (= KRW 980,107,701, KRW 1,015,982). The agreed delay damages rate applicable from December 5, 2012 is KRW 14.30%. [based on recognition] The fact that there is no dispute, Party A’s evidence of subparagraphs 1 through 10 (including a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. At the time of the instant loan to Defendant B, the representative director of Defendant A, and C, and D, the golf membership holder of Defendant B, the instant golf membership at the time of the instant loan, provided golf membership without collateral value as a real golf membership as if they were golf membership in collusion with Defendant F and G. The Plaintiff believed that the instant golf membership was genuine and genuine and carried out the instant loan.

arrow