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(영문) 서울중앙지방법원 2019.06.13 2018가합537031

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 26, 2017, the Plaintiff entered into an underwriting agreement with E Co., Ltd. (hereinafter “E”) on the 14th non-registered private equity bonds, and paid KRW 2,000,000,000 to E on February 1, 2017, and was issued with convertible bonds totaling KRW 2,00,000,000 in face value from E.

B. On February 2, 2017, the Plaintiff: (a) requested Defendant B to obtain a loan from the F Bank in its name; and (b) purchased one convertible bond with the face value of 1,000,000,000 among the above convertible bonds.

On February 9, 2017, Defendant B offered one convertible bond with the face value of 1,00,000,000,000 won to F Bank as collateral, and received a loan from the above Bank in its name. around that time, Defendant B delivered the above KRW 800,000,000 to the Plaintiff, and received KRW 20,000,000 from the Plaintiff as the fee for the name lending.

Defendant B received a demand from the said bank to offer additional security on March 3, 2017, and received two copies of convertible bonds (in total face value of KRW 200,000,000) in face value from the Plaintiff, and offered the said bank as additional security on March 31, 2017.

(C) On April 2017, the Plaintiff requested Defendant B to the effect that it would receive and deliver a loan from a bank in its name, and, on the first day of April 2017, 199, one copy of the convertible bonds (hereinafter “500,000,000 won convertible bonds”) from among the above convertible bonds (hereinafter “50,000,000 won convertible bonds”).

On April 9, 2017, Defendant B offered 500,000,000 convertible bonds to G Bank as collateral, and received a loan of 400,000,000 won from the said Bank in its name. around that time, Defendant B conveyed the said KRW 400,000 to the Plaintiff.

Defendant C is the husband of Defendant D’s representative director, who is a person granted the position of “the vice president” in E, and whose purpose is to wholesale and retail business of communications equipment, etc. is the husband of H.

Defendant B through Defendant C on August 2, 2017, to Defendant D 1,200,00.