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(영문) 서울고등법원 2018.05.25 2017나2033665
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1 to 5 (including the Serial Numbers), Eul evidence Nos. 2 to 6.

[1] The Plaintiff was a mutual savings bank authorized pursuant to the Mutual Savings Banks Act, and was changed to “A” corporation as of February 13, 2017, when the Plaintiff filed the instant lawsuit, the trade name was “D” at the time of the instant lawsuit.

The defendant is a stock company with the purpose of investing in a company subject to restructuring, acquiring and normalizing the target company, and purchasing business assets sold by the target company.

[2] On December 14, 2009, the Plaintiff concluded a credit transaction agreement between the Defendant and the credit limit of KRW 10 billion, and the credit period from December 14, 2009 to December 14, 201, but extended the said period to December 14, 201.

On December 2, 2010, the Plaintiff entered into a credit transaction agreement between the Defendant and the credit limit amounting to 4 billion won, and the credit period from December 2, 2010 to August 11, 2012.

On February 1, 2011, the Plaintiff entered into a credit transaction agreement between the Defendant and the credit limit of KRW 11 billion, and the credit period from February 1, 201 to February 1, 2012.

[3] On June 30, 201, the Plaintiff entered into a credit transaction agreement with the Defendant with a limit of 25 billion won (=1 billion won) by exchanging the said three credit transaction agreements with the Defendant (hereinafter “instant substitute exchange agreement”).

On June 30, 2011, the Plaintiff entered into a special credit transaction agreement with the Defendant (hereinafter “instant special credit exchange agreement”).

In the instant special exchange agreement, the Plaintiff agreed to receive 3% of the credit limit amount with the loan handling fee from the Defendant.

In the instant special exchange agreement, the Plaintiff would also sell shares issued by FF Co., Ltd. (hereinafter referred to as “F shares”) with the success fee from the Defendant.

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