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TITLE Supreme Court Decision 2010Da58315 Decided July 24, 2014¡¼Damages¡½ [full Text]
Summary
[1] Where a parent company or the government issued a ¡°letter of comfort¡± in a business transaction where the subsidiary company or public enterprise performed a transaction which involves the provision of credit (such as receiving loans), whether the parent company, etc. bears the liability to pay damages (affirmative with restriction)
[2] In loan contract cases where the State is not burdened with a direct guarantee obligation to the lender, but instead with indirect obligations, such as supporting the borrower to maintain a financial condition sufficient enough to perform the obligation, then failed to perform its duty, leading to an amount of damages identical to that under a guarantee obligation when the duty to pay damages materialized, whether the aforementioned act of taking on an indirect obligation constitutes ¡°an act where the State bears a treasury obligation¡± or ¡°an act where the State bears a guarantee obligation,¡± as provided by Articles 24(1) and 110(1) of the former Budget and Accounts Act (negative)
[3] Exceptions where the obligor¡¯s allegation of the obligee¡¯s comparatiue negligence is not permitted
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