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(영문) 서울고등법원 2018.12.06 2017나2073304

주식양도 등 청구

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1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in credit business, and Defendant C (hereinafter “Defendant Company”) is a company that engages in real estate development implementation business, and Defendant B is the representative director of the Defendant Company.

B. The first loan agreement and the first contract for the sales of shares are concluded. Defendant B, around 2011, acquired the business site in the Gyeonggi-do Leecheon-si and developed and sells apartment units (hereinafter “instant business”).

(2) Around July 2011, the Plaintiff requested the Plaintiff to lend KRW 2.5 billion to the Plaintiff. (2) Around July 201, the Plaintiff entered into a loan agreement with the Defendant Company on the terms and conditions that “the lending limit is KRW 2.5 billion per annum, the lending interest rate is KRW 39% per annum, and the maturity date is 36 months from the date of withdrawal” (hereinafter “the first loan agreement,” and the said loan agreement was referred to as “the first loan agreement”) to lend money (hereinafter “the first loan agreement”). On September 22, 2011, the Plaintiff entered into an additional agreement to reduce the lending limit amount from KRW 2.5 billion to KRW 2.4 billion on April 10, 2012.

3) On July 201, 201, at the time of the first loan agreement, Defendant B entered into a contract to purchase from Defendant B the purchase price of KRW 100,000 of the shares of Defendant Company (100%) to secure the Defendant Company’s obligations under the first loan agreement with the Plaintiff (hereinafter “the first loan agreement”). Defendant B jointly and severally guaranteed the Defendant Company’s obligations under the first loan agreement. In addition, around July 201, at the time of the first loan agreement, the Plaintiff entered into a contract to purchase KRW 500,000 of shares of the Defendant Company owned by the Defendant Company (10% of shares) from the Defendant Company (hereinafter “the first loan agreement”).

The main contents of the first sale contract of stocks are as follows.

No. 1.