(영문) 서울중앙지방법원 2016.11.24 2016가합518517

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(영문) 서울중앙지방법원 2016.11.24 2016가합518517

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 21, 2015, the Plaintiff and the Defendant entered into an agreement on loans for purchasing shares (hereinafter “NH securities”) with the Defendant and the Plaintiff, as well as the NH Securities Co., Ltd. (hereinafter “NH securities”).

(3) If securities or deposits are deposited in the loan enforcement account after opening the loan enforcement account, the loan agreement between the Defendant and the Plaintiff to set up a collateral pledge on the assets deposited in the loan enforcement account and to lend 300 million won to the Plaintiff for purchase of shares (hereinafter “instant loan agreement”).

(2) Article 7(2) of the Loan Agreement provides that “If the loan agreement of this case constitutes a dissenting transaction under the Rules on the Management of the Accounts, the Plaintiff’s account shall immediately be deposited and the shares and deposits deposited by opposite to the following day shall be recovered by the Defendant.” Article 7(2) of the Loan Agreement provides that “When the amount of appraisal of the securities account offered as security falls below the minimum collateral ratio under the Rules on the Management of the Accounts, it shall be repaid in accordance with the procedures set forth in the Rules on the Management of the Accounts.” Article 7(2) of the Loan Agreement provides that “If the amount of appraisal of the securities account offered as security falls below the minimum collateral ratio set forth in the Rules on the Management of the Accounts, the Plaintiff shall pay in accordance with the procedures set forth in the Rules on the Management of the Accounts.” Article 3 of the Loan Agreement provides that “after the end of the loan agreement of this case, the Plaintiff’s electronic signature (hereinafter “the Rules on the Management of the Accounts”) shall take place at least 120:25% of the interest on the account due to be lost.

provided that the collateral ratio has been strengthened.

유사 판례

-의정부지방법원 2014.01.17 2013고단4171

-인천지방법원부천지원 2015.10.23 2015가합101497

-서울중앙지방법원 2015.11.24 2015가단94857

-서울중앙지방법원 2019.04.09 2018가단5168983

-대법원 2001. 12. 11. 선고 2001다61852 판결