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1. The Defendant: (a) KRW 269,515,400 for the Plaintiff and KRW 5% per annum from May 11, 2015 to August 17, 2015; and (b).
Reasons
1. Basic facts
A. The Plaintiff’s monetary loan to A and final and conclusive judgment 1) The Plaintiff Company A (hereinafter “A”).
(2) On March 22, 2013, the Plaintiff filed a lawsuit seeking the return of the remainder of the loan with the Seoul Central District Court 2013Kahap54970, and on March 19, 2014, the said court sentenced the Plaintiff to the effect that “A shall pay the Plaintiff KRW 68 million and delay damages for the amount of KRW 600 million, whichever was later determined on September 22, 2013, and that on April 2, 2013, the amount of KRW 600 million was set at 12% per annum.”
(hereinafter “the final judgment of this case”). (b)
Defendant Company issued new shares with capital increase issued by the third party on November 26, 2013 (the expected date of listing) and A distributed 66,220 common shares issued by the Defendant Company (hereinafter “instant shares”). The share certificates of the instant shares were protected by the Korea Securities Depository until December 15, 2014.
C. B (hereinafter “B”) Co., Ltd. (hereinafter “B”) with respect to the lending of money to C, offering of security, etc.
On February 14, 2014, A entered into a monetary lending contract with C on May 14, 2014, with a maturity of KRW 200 million fixed at the rate of 6% per annum. 2) On the same day, A has jointly and severally guaranteed the debt owed to C and offered the instant shares as security. The said monetary lending contract is defined as follows:
Article 3 Security C provides as security 6,200 shares out of the shares of this case owned by A being protected from among the shares listed on December 16, 2013 from the defendant as security for loans, and provides A with a consent to the offer of security and a certificate of safekeeping.
Article 5 (Security Disposition C) In the event of arrears against B for not less than one month from the date on which the principal and interest are repaid, C and A shall have the right to claim for the return of securities protected by the Defendant regarding the security under Article 3.