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(영문) 서울중앙지방법원 2012.05.18 2011가합114330
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 17, 2008, the Plaintiff, in order to raise funds necessary for the new construction and operation of a golf club located in Tacheon-si, Gacheon-si, 109, in order to raise funds for the new construction and operation of a golf club, the Plaintiff entered into a loan agreement between the Korea Exchange Bank (Tan Bank and 49 billion won; hereinafter “Korea Exchange Bank”), a lender and a fund manager, and Defendant Korea-based Bank (hereinafter “Defendant SC Bank”), an agent and an agent bank, and Defendant SC Bank (hereinafter “Defendant SC Bank”), the special purpose company and the transferee of the loans (hereinafter “Defendant CF Bank”), and the Defendant KF Securities Co., Ltd., Ltd., the principal company (hereinafter “Defendant CF Securities”), and the Plaintiff acquired the loan of KRW 70 billion from the lender through an agreement between the lender and the lender on the loan and the loan of KRW 400 billion (hereinafter “the loan and the loan of KRW 700 billion,000,0000,000).

Article 1 (Definition)

4. The term “standard interest rate” means a rate of return (hereinafter referred to as “standard interest rate”) at the end of the certificate of deposit in 91 physical certificates as of the 91 business day immediately preceding the date of payment of interest on a loan and interest period, as publicly notified by the Korea Securities Dealers Association.

37. The term “asset-backed enterprise discount rate” means the rate of return on market sale of Grade A1 corporate bills (CP) and consists of the following items:

Standard Interest Rate

(b) Additional interest;

(c) Interest on Article 6 (1) of the Act on the Brokerage of Enterprise Bills (1) on a loan interest rate and interest period shall be as follows:

1. In cases of Tche A loans: It shall be annually based on the standard interest rate;

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