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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. Teates filed a lawsuit against B on March 22, 2013 with the maturity date of repayment of KRW 400,000,000 on March 22, 2013, and the interest rate of KRW 12% per annum; on April 2, 2013, the maturity date of payment of KRW 600,000,000 was October 2, 2013; and on April 2, 2013, the interest rate of KRW 12% per annum; 2) B, with the interest rate of KRW 12% per annum, filed a lawsuit against B on November 15, 2013, with the Seoul Central District Court for the repayment of only part of the above loans; and on March 19, 2014, the above court rendered the Seoul Central District Court Decision of KRW 600,000,600,000 (Seoul Central District Court Decision of KRW 60050,605,00.
(hereinafter “the final judgment of this case”). (b)
Along with the issuance of new shares to a third party by Lee Jin Asia (former trade name prior to the modification: well-known) on November 26, 2013, Lee Jin Asia decided to allocate new shares to a third party (the expected date of listing December 16, 2013). During the process of issuing new shares, B was allocated 6,220 common shares issued by Lee Jin Asia (hereinafter “instant shares”) and the instant shares were deposited with the Korea Securities Depository until December 15, 2014.
C. On February 14, 2014, the Defendant made a monetary loan agreement with the Plaintiff to lend KRW 200,000,000 to the Plaintiff on May 14, 2014, and the interest rate of KRW 6% per annum (hereinafter “instant loan agreement”).
(B) On the same day, B concluded the instant loan agreement and offered the instant shares as security for the said obligation while jointly and severally guaranteeing the obligation under the instant loan agreement. (2) The main contents of the instant loan agreement are as follows.
Article 3 The Plaintiff offered as security 6,200 shares out of the shares of this case owned by B, which are protected, among the shares listed on December 16, 2013 in Jinia as collateral for loans, and B secured.