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(영문) 서울남부지방법원 2019.06.04 2019가합102261
구상금
Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from November 1, 2018 to January 24, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that runs a financial institution business entrusted.

B. On December 22, 2017, the Defendant concluded a pledge contract with C Bank on the securities consignment account of D Co., Ltd. under the Defendant’s name as collateral, and concluded a credit transaction agreement on the same day.

C Bank loaned KRW 300 million to the Defendant.

The Defendant’s online transaction agreement includes the content of “3. Loan 2) and other matters (3) in the Account Operation Rules which confirmed and consented to by the Defendant, and the Plaintiff may exercise the Plaintiff’s right to indemnity against the Defendant.” Cbank and the Plaintiff concluded a business partnership agreement including the Plaintiff’s right to indemnity against the Defendant when the Plaintiff subrogated for the portion of loss to C Bank (Article 5(7)). A bank and the Plaintiff failed to repay the loans of C Bank, and the Plaintiff did not have any dispute over the Plaintiff’s payment of the total amount of the loan to C Bank within one month from the date on which the amount of loss of the principal of the loan incurred from the sale and purchase in the course of stock transaction (Article 5(10) through 130 million won was determined, on August 2018, when C Bank loans to an investor of online stock purchase funds.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant shall promote the lawsuit from November 1, 2018, which is the day following the date of subrogation, to January 24, 2019, the delivery date of the original copy of the payment order in this case, and from the following day to the date of full payment, as the plaintiff seeks.

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