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(영문) 서울고등법원 2019.04.10 2018나2059831
약정금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 300,000,000 and this on December 2, 2011.

Reasons

1. Facts of recognition;

A. The plaintiff is a company mainly aimed at corporate management consulting and corporate merger mediation, etc., and the defendant is a person who is engaged in real estate development business in Belize.

B. On November 25, 2009, the Defendant had a pledge against E Co., Ltd. (hereinafter “E”)’s shares 1020,020,000 shares (hereinafter “instant shares”) provided by G with respect to the loan claim amounting to KRW 4.1 billion in principal against F Co., Ltd. (hereinafter “F”).

C. On November 24, 2010, the Defendant intended to receive repayment of the principal and interest of the loan amounting to KRW 4.3 billion from F or G, or dispose of the said stocks as collateral, and to prepare business funds.

However, as the business fund is urgently needed prior to the due date, and if the shares of this case are immediately disposed of, it is inevitable to sell the amount of KRW 2 billion which does not reach the principal and interest of the loan, the defendant requested the actual manager C of the plaintiff who became aware of through the introduction of Attorney D to dispose of the shares of this case at the higher price of the shares of this case and to divide profits exceeding a certain amount into one billion won by half.

On October 13, 2010, the Plaintiff entered into a contract under the following terms and conditions (hereinafter “instant contract”) with the Defendant, and drafted a contract under the title “Pecuniary Loan Agreement” containing the content thereof (Evidence A No. 8).

1) The Plaintiff shall lend KRW 1 billion to the Defendant, and the Defendant shall borrow this, and the repayment date shall be November 24, 2010, and the repayment amount shall be the principal and interest interest. 2) If the recovery of the Defendant’s credit against F exceeds KRW 2.4 billion, 50% of the excess amount shall be paid as interest.

3 The defendant shall deliver 500,000 shares out of the shares of this case to the plaintiff as security for the contract of this case.

The Defendant disposed of 50,00 shares of this case which the Plaintiff received as security because it was unable to perform its repayment obligation by the repayment date.

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