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(영문) 서울중앙지방법원 2019.09.04 2019가합501787
구상금
Text

1. The Defendant’s KRW 1,246,362,873 as well as the Plaintiff’s KRW 15% per annum from November 13, 2018 to May 31, 2019, and June 2019.

Reasons

1. Basic facts

A. On July 22, 2016, the Plaintiff entered into a business partnership agreement between the Plaintiff and each credit institution (hereinafter “C”).

(D) On September 20, 2016, Co., Ltd. (hereinafter “D”).

(E) November 7, 2016, E Co., Ltd. (hereinafter “E”).

B) As to the Plaintiff, each of the above credit institutions entered into a business partnership agreement with G Co., Ltd. (hereinafter “F”) on February 9, 2018 to which FF entered into with G Co., Ltd. (hereinafter “H”) on the same business partnership agreement (hereinafter collectively referred to as “the instant credit institutions”) in which each of the above credit institutions acquired the status under the same business partnership agreement with G Co., Ltd. (hereinafter referred to as “H”), and the Plaintiff directly entered into the instant credit institution or acquired the status under the business partnership agreement by referring to the business partnership agreement under which the Plaintiff acquired the status under the same content as the instant credit institution.

3) The Plaintiff, instead of paying certain fees from the instant credit institution under the instant business partnership agreement, provided a security management system to restrict the number of securities available to the instant credit institution as collateral, or to conduct the opposite trading in real time with the real-time collateral value so that assets of the securities account can be maintained in a sound manner, and provided a security management system to pay the loan principal to the credit institution in the event of loss of the loan principal due to the failure to pay, suspend trading, an abnormal price, defect in risk management system, etc. arising in the course of a stock transaction (hereinafter “the instant guarantee accident”).

B. The Defendant’s loan contract 1) The Defendant is between C and C on October 24, 2017 (Evidence A 1-1).

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