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1. The Defendant’s KRW 250,000,000 and the Plaintiff’s annual rate from October 31, 2007 to July 11, 2014.
Reasons
1. Judgment as to the main claim
A. The plaintiff's assertion was the plaintiff's director and the shareholder, and around October 2007, the defendant tried to sell 2,647,058 shares of the plaintiff.
At the time of the plaintiff's representative director C had concerns over the decline of the plaintiff's share price when the defendant sells the plaintiff's shares in a large quantity, thereby lending KRW 500,000 to the defendant.
However, in the Securities and Exchange Act and the Support Act for Small and Medium Enterprise Establishment Act, the Plaintiff prohibited the Defendant from lending money to the Defendant who is a shareholder of the Plaintiff, and the Defendant borrowed KRW 500,000,000 from the Plaintiff on October 31, 207.
Therefore, the Defendant, as the actual borrower, is obligated to return the above KRW 500,000 to the Plaintiff.
B. Determination 1) The following facts are either a dispute between the parties or a dispute between the parties, or acknowledged by adding up the whole purport of the pleadings to each of the statements in Gap evidence Nos. 1 through 5, 7, and Eul evidence No. 1 (including each number). A) The defendant was the plaintiff's director and the shareholder. The defendant tried to sell the plaintiff's shares held by himself around October 2007.
At the time, C, the representative director of the Plaintiff, was concerned about the decline in the share price, and recommended the Defendant not to sell shares.
In order to avoid the prohibition of loans to directors, etc. under the Securities and Exchange Act and the Support for Small and Medium Enterprise Establishment Act, the Defendant agreed that if the Plaintiff lends money to the borrower as D, the Defendant would receive the said money from D.
B) On October 31, 2007, the Plaintiff drafted a monetary loan agreement (Evidence A) with the purport that D and 500,000,000 won were to be lent on December 21, 2007, at the rate of 9% per annum, and at the rate of 18% per annum. (c) The Plaintiff was offered from D as collateral the Plaintiff’s shares owned by the Defendant, and paid KRW 500,00,000 to D. The Defendant paid the above KRW 500,000,000 from D.