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1. The final claim inspection judgment of Busan District Court No. 2017Ma25 dated October 18, 2017 shall be amended as follows:
Reasons
1. Basic facts
A. The debtor acquired a comprehensive liquor wholesale business license on January 25, 1994 as the liquor wholesaler established on January 25, 1994, and on December 5, 1995, changed the company name A to a stock company on October 17, 2016.
B. On April 8, 2011, E of the debtor’s former representative director: (a) issued a certificate of borrowing KRW 40,000,000 with interest rate of KRW 2% per month; and (b) one month after the date on which the repayment was requested; and (c) E’s G (name before the opening of the name: H) affixed a signature on the said certificate of borrowing with the guarantor.
C. On November 201, E issued and delivered a certificate of borrowing KRW 60,000,000 to the Defendant, 3% of interest per month, and the due date for repayment on March 2012, 201, and G did not sign the said certificate of borrowing as the surety.
E, on December 28, 201, between the Defendant and E, written a share transfer contract with the content that E shall transfer to the Defendant KRW 300,000,000 of the debtor’s shares (15%) and pay KRW 4,500,000 as the last day of each month from the end of January 2012, and received KRW 300,00,000 from the Defendant on December 29, 201.
E. At around 2012, G issued and delivered a certificate of borrowing that KRW 70,00,000 shall be 1.5% per interest month and the due date shall be October 2012 to the Defendant.
F. On January 10, 2013, E representing the debtor: (a) borrowed KRW 370,00,000 from the defendant as interest rate of 18% per annum; and (b) on June 30, 2013, E borrowed the debt of the debtor; (c) as joint and several surety for the debtor; and (d) the debtor and E, as soon as compulsory execution is performed, drafted a notarial deed of money loan agreement with the purport that there is no objection even if compulsory execution is conducted (hereinafter “notarial deed of this case”).
G. On August 7, 2014, E and the Defendant enter into a “stock transfer agreement according to the normal operation of the company” (hereinafter “second stock transfer agreement”).