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(영문) 서울중앙지방법원 2017.04.20 2015가합543110
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 6, 2012, the Plaintiff entered into a sales contract with the Defendant with the content that: (a) the management control right against the Plaintiff’s Co., Ltd. (hereinafter “instant shares, etc.”) with respect to the registered common shares 3.5 billion won issued by the Plaintiff and the Plaintiff’s above company (hereinafter “instant shares, etc.”) was KRW 5.28 billion; (b) the down payment of KRW 1.8 billion was paid on February 10, 2012; (c) the intermediate payment of KRW 48 billion was paid on May 10, 2012; and (d) the remainder of KRW 3 billion was paid on March 10, 2013 (hereinafter “instant sales contract”).

B. On the same day, in order to secure the obligation to pay intermediate payments and remainder pursuant to the instant sales contract, the Defendant established a pledge on the Plaintiff’s convertible bonds with a face value of KRW 1 billion which the Defendant acquired from C Co., Ltd., 3.5 million of registered ordinary shares issued by C Co., Ltd. and 500,000 of registered common shares issued by E Co., Ltd. owned by the Defendant.

C. According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 1.8 billion and the intermediate payment of KRW 48 billion on the date of payment agreed upon, respectively, and paid the remainder of KRW 3 billion on March 8, 2013, which is prior to the agreed payment date.

The plaintiff confirmed that on the day of receiving the balance of KRW 3 billion, the defendant received the remainder of KRW 3 billion on March 8, 2013 in connection with the share purchase and sale agreement of February 6, 2012, and that all existing pledges established in connection with the share purchase and sale agreement will be terminated.

The Defendant prepared and issued a written confirmation of termination of the pledge with the content of “the pledge,” and remitted the balance of KRW 1 billion out of KRW 3 billion received from the Defendant to the Defendant’s account again.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, Eul evidence 14, the purport of the whole pleadings

2. The Plaintiff’s assertion primarily constitutes a loan of KRW 1 billion paid to the Defendant on March 8, 2013, following the conclusion of a monetary loan agreement between the Plaintiff and the Defendant.

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