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(영문) 서울남부지방법원 2019.01.11 2016가합100837
채무부존재확인
Text

The defendant's KRW 1,803,140,70 for the plaintiff and 5% per annum from November 9, 2017 to January 11, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a major shareholder of C Co., Ltd. (hereinafter “C”) and a vice-chairperson. The Defendant is a company that engages in investment trading business, investment brokerage business, etc. under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”). D is a person who has worked as a broad name branch office of Defendant Co., Ltd.

B. On October 27, 2008, the Plaintiff opened a stock consignment account in the name of the Plaintiff and entered into a securities comprehensive loan contract. On October 27, 2008, the Plaintiff is a stock transaction consignment account (Account Number E; hereinafter “instant consignment account”).

On November 3, 2008, a comprehensive securities loan agreement with the Defendant for the lending limit of 500 million won (hereinafter “instant loan agreement”).

The instant loan contract was concluded. The limit was KRW 1 billion on January 28, 201, KRW 1.4 billion on February 22, 2011, KRW 200 billion on September 1, 2011, KRW 200 billion on April 27, 2012, KRW 200 billion on April 27, 2012, and KRW 3 billion on June 20, 2012.2) The Plaintiff delegated the opening of the instant consignment account and the conclusion and increase of the instant loan contract to F, which was the head of the business management team of C, and F signed the Plaintiff’s seal impression, affixed the Plaintiff’s resident registration certificate, and presented the Plaintiff’s passport.

Since the opening of the instant consignment account, D had been in charge of the Defendant’s mine name branch office (from the end of February 201, the Defendant worked as the head of the Seocho-dong branch office).

C. The details, etc. of the instant consignment account transaction from the time of opening the instant consignment account to January 11, 2016, including deposit and withdrawal, individual loan execution, and details of stock transaction, etc. from the instant consignment account, as stated in the entire consignment account transaction details. D includes individual loan execution and C shares within the scope of the instant consignment account through the instant consignment account.

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