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(영문) 수원고등법원 2019.09.18 2019나10039
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

1) C Association (hereinafter “C Association”) (hereinafter “C Association”)

D (Representative E, hereinafter referred to as “D”) around October 2003

B) In comparison with this, D purchased rice from a farmer and kept it in a warehouse, but the rice price of the product was paid directly to a farmer by CF, and the rice of the product stored in CF entered into a rice purchase contract with CF to pay the cash and take over the whole amount of the rice. 2) However, around March 2004, it was found that there was a lack of stock of the rice of the product stored in a warehouse under the above purchase contract.

3) Around that time, F Co., Ltd. (the Plaintiff, hereinafter “F”).

(1) The following specifications were written between the Association and C (hereinafter referred to as “instant performance rejection”).

A) F succeeded to the rights and obligations of C, and was established on December 26, 2003, the F was established on December 26, 2003. The Co., Ltd. (hereinafter “C”) has an option to faithfully perform all obligations to be performed by D to E C, and E C, in cooperation with E.C. (hereinafter “C”). However, C, at around that time, promised to grant loans of 400 million won to the Plaintiff so as to secure a collateral and maintain a commercial transaction relationship between T and U.S. with the collateral provided by the Plaintiff. (1) At that time, the loans, etc. in this case, etc. (1) the Htel I and J (2) the Htel I of Gangnam-gu Seoul, Seoul, and the H apartment L owned by the Plaintiff as a joint collateral, the maximum debt amount was set at KRW 40 million,40,000,000,000,000,000 won and the maximum debt amount owned by the Plaintiff, 300,5000,00 won.

2. In addition, a loan transaction agreement between the Plaintiff and C Cooperatives was made between the Plaintiff and C Cooperatives to lend KRW 420 million to the Plaintiff, and on April 8, 2004, KRW 420 million was established in the name of the Plaintiff.

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