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(영문) 부산지방법원 2015.06.25 2013가합1887
손해배상(기)
Text

1. Defendant A Co., Ltd.: (a) KRW 1,357,923,300 and its amount from November 29, 2012 to April 20, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On September 6, 2011, the Plaintiff: (a) obtained a pledge of KRW 3 billion with respect to 25 golf club membership in the name of Defendant C Co., Ltd. (hereinafter “Defendant C”) (hereinafter “Defendant C”); and (b) executed a corporate general loan with the loan limit of KRW 1.5 billion on the same day; (c) on September 6, 201, the Plaintiff issued to Defendant C’s representative director and employees of each Defendant C; and (d) issued a written consent of pledge against each of the instant golf membership and a written confirmation of golf club membership entry into the sales association to the Plaintiff.

B. On December 24, 2012, the Plaintiff became aware that the instant golf membership membership fee was not paid.

C. The remaining balance of the instant loan that was not collected as of the date of closing the argument in the instant case is KRW 1,357,923,30, and the agreed delay damages rate applied from November 29, 2012 is KRW 14.9860.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the facts of recognition as to the claim against Defendant A, as the principal debtor of the instant loan, Defendant A is obligated to pay to the Plaintiff delay damages at each rate of KRW 1,357,923,30 of the outstanding loan balance and KRW 14.9860 of the agreed delay damages rate from November 29, 2012 to April 20, 2013, the delivery date of a copy of the instant complaint, which is the delivery date of the copy of the instant complaint, and the delay damages at each rate of KRW 20 per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

3. Determination as to claims against Defendant B, C, D, and E

A. At the time of the instant loan by the Plaintiff 1, Defendant B, the representative director of Defendant A at the time of the instant loan, in collusion with Defendant D and E, did not pay membership fees, and thus, was a genuine golf membership.

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