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(영문) 서울북부지방법원 2015.01.13 2014가단101450

약정금등

Text

1. The defendant shall pay to the plaintiff KRW 75,789,085 and KRW 68,00,000 among them, per annum from January 1, 2014 to the day of full payment.

Reasons

1. Basic facts

A. C (hereinafter “C”) around September 15, 2009: (a) around 2009, around KRW 17,000 through KRW 22,00, and the maximum number of shares per member to be allocated to the members of the employee shares; (b) at the time, the Defendant who was the head of the face-to-face channel team leader at the time and the Plaintiff, who was in office as its team members, was assigned to the Plaintiff on September 15, 2009 with respect to KRW 4,00 of the employee shares that the Plaintiff would be allocated to the Plaintiff on September 3, 200 (hereinafter “instant stock acquisition agreement”): (i) the acquisition price of the shares to be allocated from C to the Plaintiff on September 3, 200: the price determined at the time of allotment (i.e., 17,000,200 to KRW 20-20,000 per share): The Defendant is entitled to transfer the shares from the date when the shares are transferred to the Plaintiff.

was concluded.

B. After that, the Plaintiff allocated KRW 8,000 per share of 17,000 per share by C, and paid the purchase price of the employee shares with the loans of KRW 136,000,000 ( KRW 8,000 x 17,000) from the Korea Securities Finance Corporation (hereinafter “Korea Securities”) on September 29, 2009 for the payment of the said purchase price. On October 7, 2010, the deposit period of the said employee shares was expired.

C. On November 10, 2010, around the maturity date of the debt owed by the Korea Exchange Bank (hereinafter “Korea Exchange Bank”), the Plaintiff secured the said employee stocks and repaid the debt owed to Korea securities with loans lent by the Korea Exchange Bank. The interest rate on the debt owed to the Korea Exchange Bank is 1.01% of the CD-dong loan base rate, and the CD-dong loan base rate as of the filing date of the instant lawsuit is 3.17%.

The defendant has interest on loans to the plaintiff's Korean securities until August 30, 2010.