증거금 반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A. The sales contract of this case is “the sales contract of this case”
was drawn up.
A sales contract for corporate bonds with preemptive rights;
1. Securities 1): 300 million won for a claim amount due on September 24, 2016: the due date of issuance of the bonds with preemptive rights issued by C: September 25, 2014;
2. The date on which the right to underwrite new shares of the company can be exercised can be exercised can be less than three months after the date of the contract.
5.The buyer shall pay to the seller the sum of three hundred million won as the purchase deposit at the same time as this contract is executed by the seller;
7. In the event of failure to exercise the preemptive right, 1) in the event that the refund of the deposit is requested after the lapse of six months from the contract date, the seller must pay the deposit to the buyer at the rate of 15% per annum per annum; 2) in the event that the seller exercises the preemptive right separately, the seller shall not pay the deposit and the interest for the period.
On July 21, 2015, 2015: The seller: the buyer of the Plaintiff: E * the joint and several surety of the Plaintiff: E * prepares a sales contract and provides as security a sales contract the 10,000 shares in possession of C, and agrees to order the buyer in the event of the failure to perform this contract.
C. On the part of the defendant's name in the sales contract of this case, the defendant's seal imprint is affixed, and the defendant's seal imprint is also attached to the sales contract of this case.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. On July 21, 2015, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 300 million to the Defendant on January 21, 2016; and (b) drafted the instant sales contract with the Defendant as security for the said loan.
On behalf of the defendant, the F, who was delegated by the defendant at the time, affixed the defendant's seal imprint and affixed the defendant's seal imprint certificate to the sales contract of this case.
Therefore, the defendant is obligated to pay the loan amounting to KRW 300 million and delay damages to the plaintiff.
(b).