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(영문) 서울중앙지방법원 2020.06.24 2019가합574259

주식매매대금 지급청구의 소

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 status of the parties (1) The Plaintiff is a company established on April 15, 201 for the purpose of real estate consulting and financial service business.

(2) B Co., Ltd. [former Trade Name: C Co., Ltd. (from February 4, 1999 to February 28, 2002) and D Co., Ltd. (from March 1, 2002 to September 27, 2010)] were declared bankrupt on February 4, 199 as E established on February 4, 199, and was declared bankrupt on March 7, 2012 by Busan District Court Decision 2012Hahap1, the Defendant was appointed as bankruptcy trustee on the same day.

B. F written credit transaction agreement with G Co., Ltd. (hereinafter “G”) drafted a credit transaction agreement (Evidence A) dated November 26, 2010 with the content that it borrowed KRW 1 billion from G (hereinafter “instant loan”) at the annual interest rate of 12% for 12 months from the date of the execution of the credit, and offered H Bank common shares and I (Change of the name to J, I, and thereafter) as a security for common shares, with respect to the L Co., Ltd. (hereinafter “instant loan”).

C. The F and K Co., Ltd. (hereinafter “K”) drafted a pledge agreement with respect to the F and K’s shares 845,000 shares held by K (hereinafter “instant shares”) in blank (Evidence A) after preparing a pledge agreement with respect to G, such as “f and K’s name and address”, “the scope of the obligor’s obligation”, “limit of the secured obligation”, “limit of the secured obligation”, etc., and filling out the blank portion (Evidence 13) with respect to the instant shares (hereinafter “instant shares”). The part related to the instant case is as follows:

The obligor on November 26, 2010: The obligor on the 2010th day of a contract to create a pledge (the copy supplement to the bottom: hereinafter referred to as the “defenser”) : K representative Director KK representative Director : A person who has created a pledge under Article 1 of the Act on the Establishment of a pledge (hereinafter referred to as the “establisher”) approves each provision of the terms and conditions of the credit transaction and of the transaction agreement on the secured obligation under subparagraph 2 below, and hereinafter referred to as the “security securities” as the “security securities” in its possession.