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(영문) 서울중앙지방법원 2018.07.05 2017가합539726
약정금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. (1) around 2007, the Plaintiff (1) was scheduled to make a bypass the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to be a bypass the stocks of Nonparty D Co., Ltd. (hereinafter “D”) holding by the Plaintiff at that time.

By July 20, 2007, C lent 730,000 shares of D shares to Defendant B twice, and extended 958,576 shares of D shares on August 30, 2007.

On the other hand, C and Defendant B decided to calculate the amount of KRW 2,700 per share of KRW 730,000 per share that they lent until July 20, 2007, and KRW 2,000 per share of KRW 958,576 lent on August 30, 2007.

Therefore, the value of shares lent by C to Defendant B is the total of 3,88,152,00 won (730,000 shares x 2,700 shares x 958,576 shares x 2,00 won).

(2) However, the bypass listing of the Defendant Company did not well proceed, and the Defendant B lent money as security to the Defendant Company and invested in other shares, but did not return D shares to C.

After all, on December 24, 2008, C and Defendant B settled the following accounts related to D shares lent by C to Defendant B:

Defendant Company shall pay to the Plaintiff KRW 3,88,152,00 in cash with respect to D shares equivalent to KRW 3,88,152,00,000, in excess of the market value borrowed from Category B.

In relation to the loss incurred by C in the course of selling shares D, the Defendant Company shall reimburse the Plaintiff KRW 1.2 billion.

The Defendant Company succeeds to the obligation of KRW 190,000,000 to Section B and pays to the Plaintiff.

Each of the above obligations shall be repaid after December 23, 201.

If the defendant company fails to pay each of the above obligations to the plaintiff at the above maturity, the defendant company shall pay to the plaintiff interest of 10.5% per annum from December 24, 2008 to the repayment date.

Where the defendant company pays the above debt properly, it shall be exempted from KRW 2,562,222,223 out of the defendant company's debt to the plaintiff.

The shares of the defendant company issued by the existing defendant company are 20,000 shares and convertible bonds.

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