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(영문) 서울중앙지방법원 2018.02.08 2017가단5026198
어음금
Text

1. The plaintiff, the defendant Pakistan third party limited liability company, the amount of KRW 37,000,000,000, and the defendant Pakistan third party.

Reasons

1. Facts of recognition;

A. Moreover, the company, etc., is a company that carries out the business of the Matri-ri condominium development project (hereinafter “instant business”) in Gangnam-gu, Seoul. The Defendants are special-purpose corporations established for the purpose of providing loans to the Matri-ri and acquiring loans to the Matri-ri and all rights incidental thereto related to the instant business.

B. On October 15, 2010, in order to raise funds required for the instant project, the Company was granted loans of KRW 100 billion from the 1st to 4th and the first limited company, including the Defendants, and the 1st and fourth limited company, which is the NAE, including the Defendants. On December 10, 2010, the Company was additionally granted loans of KRW 50 billion from the 5-6th and the 50 billion limited company, and the two-party construction companies, a contractor, entered into a contract with the Defendants and the 1-4th and the joint and several liability companies, including the Defendants, to secure the repayment obligations under the additional loans of the NAE. On October 8, 2012.

C. On January 14, 2013, creditors, including the Defendants, issued corporate bills (ABCP) in order to raise funds for each of the above loans against the more sofapt (a) (a total issuance limit of KRW 150 billion), (b) NH investment securities, and IBK investment securities, and each of the “business entrustment agreements”, and (c) entrusted the issuance of ABCP, receipt management contracts, management of surplus funds, operation of surplus funds, etc., and (d) entrusted the management of trust assets for Korean assets trust.

On the other hand, the two-use construction held corporate bills (ABCP) which are not sold in the market, and there was a need to improve the financial structure due to the aggravation of the financial soundness of the two-use construction around September 2012.

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