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(영문) 대구지방법원 2017.01.13 2015가합201477
손해배상(기)
Text

1. The defendantO shall:

A. The Plaintiffs’ KRW 286,00,000 as well as 5% per annum from March 25, 2014 to March 5, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiffs agreed to purchase the Internet car clubs as members, and the 50,000 won of the shares (hereinafter “instant shares”) upon DefendantO’s investment recommendation, and delegated the Plaintiff L with the right to purchase shares. Accordingly, the Plaintiff L entered into a monetary loan agreement with Defendant P, Q, and R with the representative of the Plaintiffs around February 20, 2014, to use 50,000 won of the instant shares as collateral until the transfer of ownership is made, while purchasing 50,00 won of the instant shares, which Defendant R claimed to be held in the name of Defendant Q, and to use 50,000 won of the said shares as collateral until the transfer of ownership is made.

(hereinafter referred to as “instant loan for consumption”). L, B: P, C: Q, C: R, B and C as security, and the guarantor’s status shall be prepared under the following conditions:

- Article 1 - [Contents of the contract] A shall make a loan for consumption in cash to B for the amount of money equal to KRW 10 million.

In relation to the implementation of this contract, Byung will offer 50,000 share certificates, which are owned by Byung, and it will guarantee the implementation of this contract and the provision of security.

Article 2 [Period] The term of a monetary loan agreement between A and B shall be from February 20, 2014 to April 30, 2014.

Article 3 [Interest and Fees] The terms and conditions of a monetary loan loan contract with Gap and Eul shall be paid in advance as interest an amount equivalent to 2% of the loan, and a fee for 5% of the loan shall be paid to private individuals O.

The payment of interest and fees shall be made immediately under a cash loan contract.

Article 4 [Contents of Security] Specifically, as security for movable property in a monetary loan contract between A and B, the right to pledge 50,000 share certificates owned by C shall be set up, and the standards for the number of shares shall be based on the total number of shares issued by KB-V.

Article 5 [Right of Pledge against Movables] The Bank on April 30, 2014, for which the monetary loan contract between A and B as mentioned above is terminated.

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