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(영문) 서울중앙지방법원 2018.05.16 2013가합40686
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. The Plaintiff, the representative director of the Company B (hereinafter “B”) and the largest shareholder, was the Plaintiff, as the Plaintiff, secured the shares of the Company B, and sought a loan from Defendant GEM LEL (hereinafter “Defendant GEM”).

In the process, on August 17, 2012, the Plaintiff entered into an ECL contract with Defendant SK (hereinafter “Defendant GSK”) which is a subsidiary company in Korea of Defendant GEM as an advisory company for overseas financing.

(hereinafter referred to as “the instant ECL contract” and, in particular, Article 4(3) of the instant damages clause. This agreement is a contract under which the Plaintiff delegates Defendant GSSK as an advisory corporation for overseas financial procurement in accordance with the following conditions in relation to Defendant GEM’s EC credit in accordance with the terms and conditions set forth below.

Article 1 (Arrangement) (1) (1) (ECL) (1) financial instruments secured by Defendant GSSK’s account with secured stocks and with 85-87% (87%) of the stocks secured by Defendant GESK’s stock sale-type loan from Defendant GEM fund to pay to the applicant for the loan and redeems the stocks secured at the time the amount paid is repaid. (2) Defendant GSSK (contractor): The subsidiary company of Defendant GEM manages B’s stocks through the account of ECL advisory and advanced securities; if the Plaintiff is unable to repay the loss of due interest and the amount of the loan, the disposal of stocks and the Defendant GEM is the company applying for the loan and the security of the Plaintiff: (2) Plaintiff B: 3) ordinary stocks (3) : 70 billion won: (5) contract period: 3 (Provided, That the total amount of the loan extended by 18-268 months or more before maturity 90%).

7. Non-interest on loans (8) Call option users - Plaintiff 1 Lock-up, and stocks secured without delay when early repayment of loans is possible from one year after the contract date.

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