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(영문) 서울동부지방법원 2019.11.15 2018가단109692

보증채무금

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1. The defendant shall pay to the plaintiff KRW 200,000,000 and 2% per month from April 26, 2018 to the day of full payment.

Reasons

1. Basic facts

A. 1) The Plaintiff is only C Co., Ltd. (hereinafter “C”).

(2) On January 9, 2017, the Plaintiff: (a) deposited 390,000 shares issued by E (E) Co., Ltd. (hereinafter “E shares”) in the account in the Fund Depository.

3) On January 16, 2017, D sells 89,000 shares of the shares above E, and on the same day, D’s shares issued by F Co., Ltd. (hereinafter “F shares”) with the purchase price.

(4) D) sell 31,567 shares of the Plaintiff’s ownership, including F shares listed in paragraph (3) of this Article, and sell 31,567 shares of G issuance Co., Ltd. (hereinafter “G shares”) with the purchase price.

(5) On March 3, 2017, the Plaintiff deposited KRW 100,00,000 in the Plaintiff’s account under the name of the spouse, as the purchase price, and deposited KRW 30,000,000 out of the purchase price. 5) D, on February 2, 2017, intended to sell KRW 35,00 out of the G shares as indicated in paragraph (4) to H, and then transferred the said KRW 35,00 to H. (6). The Plaintiff deposited KRW 100,000 in the Plaintiff’s account under the name of the spouse, as the purchase price for the FF shares, and D purchased the F20,529 shares in that amount.

D requested the Plaintiff to pay KRW 100,000,000 as the purchase price of F shares. However, as the F shares price continuously drop, the Plaintiff refused to pay it and transferred the said F shares 20,529 shares to the account under the name of J Co., Ltd. (hereinafter “J”) on April 20, 2017.

B. (1) On August 12, 2016, the Plaintiff loaned KRW 360,00,000 to D, and paid KRW 341,250,000 after deducting interest. (2) D concluded a monetary loan agreement with K on January 9, 2017 with the maturity of KRW 400,000 and KRW 2.3% per month for delay interest rate, and the Plaintiff guaranteed D’s debt under the said monetary loan agreement.

3) D is delivered from K under a monetary loan agreement as described in paragraph 2 above.