손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant and C Co., Ltd. (hereinafter “C”) and D Co., Ltd. were registered as a special purpose corporation established in 2005 for the purpose of developing multi-unit housing in the Seo-gu Daejeon District EF District (hereinafter “instant development project”). On February 12, 2007, the Plaintiff was registered as a shareholder holding 19,800 shares of the Defendant (hereinafter “instant shares”).
B. On February 13, 2007, when the Plaintiff borrowed funds of KRW 74 billion necessary for the instant development project from the Defendant, the Korean National Bank Co., Ltd., and the Dong Securities Co., Ltd., the Plaintiff created a collateral security right for the instant shares.
C. When the transfer of the above loan claim and the security interest, which is an incidental security interest, from the National Bank of Korea, lost the benefit of time due to the Defendant and C’s failure to repay the loan. On April 23, 2013, the Plaintiff transferred the Plaintiff’s instant shares to G, H and I (hereinafter “G, etc.”), and notified the Defendant and C of the transfer of shares. On the same day, G, etc. sent to the Defendant and C a document claiming the transfer of ownership on the register of shareholders as a share purchaser.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The defendant's decision on the objection prior to the merits argues to the effect that the plaintiff did not exercise the right to indemnity until the remainder of the priority-based loan claims when the contract for the establishment of the transfer security for shares of this case was concluded (Article 7). Since the loan claims against the prior-based debtor are remaining, the plaintiff's lawsuit of this case is contrary to the agreement for the restriction on the execution of the above right, and thus there is no benefit of protection of rights.
If there is a dispute over a particular right or legal relationship, the interest in the protection of the right to the lawsuit which has been filed against it is against the agreement not to file a lawsuit.