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(영문) 서울중앙지방법원 2015.07.17 2013가합564960

약속어음금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company established by D, E, etc. on January 22, 2010 for the purpose of taking over C (hereinafter “C”) a company, which is a KOSDAQ-listed company for software development business. At present, F, the Defendant’s representative director, was C’s representative director from October 25, 2007 to March 30, 201, and is the Defendant’s representative director on May 27, 201.

B. On January 29, 2010, the Plaintiff entered into an agreement with D, stating that “The Plaintiff shall lend KRW 1.3 billion to the Defendant with acceptance funds, and as security and consideration therefor, D shall transfer the preemptive right of KRW 1.3 billion issued by Promissory Notes and C. Promissory Notes shall be given separate from this agreement. The preemptive right is issued on April 29, 2008 by C on the issuance of bonds with preemptive right on April 30, 2008. The meaning of the instant lending agreement appears to mean the preemptive right. It is issued and the present exercise is KRW 2,520 (hereinafter “instant lending agreement”).

C. Pursuant to the instant lending agreement, the Plaintiff issued to D a cashier’s check (hereinafter “the instant cashier’s check”) of KRW 1130 million at the face value issued by the Korea C&T Bank (hereinafter “C”) on January 29, 2010, and a cashier’s check of KRW 17 million at the face value issued by the National Bank (hereinafter “National Bank”) on the same day. The instant self-paid check was presented to D by G under the direction of D on the date of issuance, and KRW 50 million was paid as a check, and the remainder of KRW 1 billion was transferred to the Defendant’s bank account.

Since then, between the Defendant and H (hereinafter “H”), the largest shareholder of C on March 19, 2010, the Defendant shall take over the management right of KRW 6.21 billion and KRW 2.5 billion for C issued stocks owned by H, and the down payment is KRW 2.3 billion on the day of the contract to H, and around March 2010.