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(영문) 의정부지방법원 2014.04.24 2013가합4156
손해배상(기)
Text

1. The Plaintiff’s primary claim against Defendant A Co., Ltd. and the Defendants’ conjunctive claim are all.

Reasons

Basic Facts

Article 1 Establishment of Pledge Right

2. Limited amount of security: 1.3 billion won.

3. The period for settlement of accounts of pledge rights: In case of a future designated type, the pledger may designate the period for settlement of accounts after the lapse of three years from the date of the contract, by written notice, and the period for settlement of accounts shall be 14 days after the date of delivery of notice, and if it falls short thereof, it shall be 14 days from the date of delivery of notice.

Article IISpecial Terms and Conditions

1. Where the standard market price of golf course membership falls below 30% compared to the time of acquisition of collateral, repayment of credit or provision of additional security for such decline;

2. Where the standard market price of golf course membership falls below the credit amount, the term benefit shall be immediately lost, and the bank may dispose of the membership right to golf course and appropriate it for the repayment of credit;

On December 11, 2006, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) concluded a credit transaction agreement with NAND Co., Ltd. (hereinafter “Korea Exchange D-1”) (hereinafter “Korea Exchange Bank”) on the list of collateral property (for movable property, nominative claim, nominative claim, and securities) at the rate of KRW 1,00,000,000, three months after the due date, and one billion won after the due date, and the market interest rate of interest rate (MB)-0.59%. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded a loan transaction agreement with the Korea Exchange Bank to secure the above loan obligation owed to Korea Exchanged Co., Ltd. (hereinafter “Korea Exchanged Co., Ltd.”) and the Defendant Co., Ltd.’s members of the Korea Exchanged Co., Ltd. (hereinafter “Korea Exchanged Co., Ltd.”). with respect to the instant golf pledge agreement with the Korea Exchanged Co., Ltd. (hereinafter “the instant golf pledge agreement”).

After that, the Korea Exchange Bank shall, at the request of the Korea LAWn&D, lend the above loans over three occasions on March 12, 2007, June 25, 2007, and December 17, 2007, as follows:

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