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1. The Defendant shall pay to the Plaintiff KRW 10,00,674,357 and KRW 5,00,000,000 among them, with full payment from July 10, 2017.
Reasons
1. Basic facts
A. The Defendant is a company established for the purpose of owning and operating a seal-line ship (hereinafter “instant ship”).
The Solomon Savings Bank Co., Ltd. was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as the trustee in bankruptcy of the said Bank.
(hereinafter “Plaintiff”) and Solomon Savings Bank (hereinafter “Plaintiff”) do not distinguish between “Plaintiff” and “ Solomon Savings Bank.”
On February 17, 2010, the Plaintiff, the Defendant, and the Indian Shipping Co., Ltd. (hereinafter “Human Shipping”) entered into a contract between the shareholders with the Plaintiff’s share 9.9% and the Plaintiff’s share 90.1%. The main contents are as follows:
Article 7 (Basic Agreement on the Project) (1) The exercise of the right to manage the subject company (hereinafter referred to as the defendant), including charter and vessel management (referring to operation, business and short-income management) for the instant vessel, shall be held by strategic investors (hereinafter referred to as "human shipping"), and an important matter that may affect the rights or interests of financial investors (hereinafter referred to as "Plaintiff") shall be consulted with financial investors.
Article 9(Rights and Obligations of Financial Investors)(4) After completion of the issuance of the redemption priority principle, a financial investor shall lend funds to the target company within the limit of 31.2 billion won of the general fund loan in accordance with the project loan agreement, and shall lend funds within the limit of 1.5 billion won of the general passbook loan in accordance with the comprehensive passbook loan agreement.
(Omission) Article 10 (Rights and Obligations of Strategic Investors) (2) A strategic investor shall, following the completion of the issuance of the preferential redemption for redemption, lend to the target company within the limit of KRW 2.59 billion in accordance with the Loan Agreement of Strategic Investors.
(Omission)
C. The Plaintiff and the Defendant on the same day according to the instant shareholder agreement, 31.2 billion won per annum, 9% per annum, 3 months from February 24, 2010, 24% per annum, and due date.