(영문) 서울중앙지방법원 2018.04.06 2017가단5092256

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(영문) 서울중앙지방법원 2018.04.06 2017가단5092256

약정금

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1. The Defendant’s KRW 47,002,638 as well as its related KRW 5% per annum from March 15, 2017 to April 6, 2018 and from the next day.

Reasons

1. During the period from May 22, 2007 to December 26, 2007, the Defendant promised to preserve the principal amount of KRW 201,140,358 of the purchase price with respect to KRW 53,802 shares of Co., Ltd. (hereinafter “Nonindicted Company”) purchased in the Plaintiff’s account and name (hereinafter “D”) during the period from May 22, 2007 to December 26, 2007. Article 2 of the Defendant loaned KRW 50 million to the Plaintiff on December 24, 2007, but received KRW 25 million from the Plaintiff on April 23, 2008. The remainder of KRW 6,688 shares of Nonparty Company in the name of the Plaintiff was converted to the Defendant’s investment in the future, and the Defendant would return the Plaintiff’s loan to the Defendant on May 26, 2009.

b. Article 3 of the Plaintiff’s ownership 53,802, which the Defendant agreed to preserve the principal, is divided into one half of the difference between the Plaintiff and the Defendant in the event of future sales gains, and the Plaintiff shall not sell the said shares at will without the Defendant’s consent. Article 4 of the Plaintiff and the Defendant, when selling the shares of the Non-Party Company, shall be allowed to offset the said shares against each other in relation

However, in no case the interest shall be applied.

Article 5 The defendant shall dispose of and guarantee the principal of the shares by March 31, 2010, and the plaintiff may sell and purchase the shares at will at the time of the failure to dispose of the shares within this period, and the defendant shall immediately preserve the difference of principal and immediately refund the remaining amount after preservation to the defendant.

From around 2007, the Plaintiff, who was engaged in the securities industry, was informed of the Plaintiff’s stock transaction account ID and password, and the Defendant traded shares in the Plaintiff’s name through the above account.

On March 5, 2009, the plaintiff and the defendant agreed to the following contents:

(hereinafter “instant agreement”). (b)

The Defendant lent KRW 65,00,000 to the Plaintiff on February 17, 2009.

Since then, the plaintiff.

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