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(영문) 대구지방법원김천지원 2017.11.09 2017가단175

대여금

Text

1. The Defendants shall jointly and severally serve as KRW 96,00,000 on the Plaintiff and as a result, from June 8, 2012 to March 13, 2017.

Reasons

1. Basic facts

A. On June 3, 2011, the Plaintiff loaned KRW 76.8 million to Defendant B, and drafted as security a share transfer and takeover contract with the following contents (hereinafter “instant contract”), and Defendant C Co., Ltd (hereinafter “Defendant”) guaranteed payment.

The transferor: Defendant B’s transferee: Defendant B transferred the shares of LIG investment securities to the Plaintiff on the following terms:

The name of the company: 12,800 shares transfer price: June 3, 2011, the date of the contract of KRW 6,000,000 (hereinafter “instant shares”) is currently entered into the Korea Securities Finance as a private loan, and the transferor takes the delivery of the shares after the deposit of the purchase price, and the transferor takes the shares as the transferee’s securities company immediately after the deposit of the purchase price.

If the stock exchange is not listed or registered on the KOSDAQ within one year from the date of deposit, the transferor shall immediately promise to re-purchase KRW 7,500 per share at the end of one year after the deposit of the purchase price.

In addition, even if the stock exchange is registered on the stock market or on KOSDAQ, if 7,500 won is not reached within one year after the payment of the purchase price, the entire amount of 7,500 won per share is promised immediately after the payment of the purchase price.

If the transferor fails to fulfill the above conditions, the contract of the defendant company stated that the contract of the defendant company is "D" but it appears to be a clerical error in the business registration number and corporate registration number of the defendant company. The defendant company promises to guarantee the payment.

B. On June 7, 2011, the Plaintiff remitted KRW 768 million to Defendant B.

C. The instant shares were not listed on the Stock Exchange and registered on the KOSDAQ by June 7, 2012.

[Evidence] Defendant Company: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The Plaintiff loaned KRW 76.8 million to Defendant B, and the instant shares on June 7, 2012.