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1. Defendant B’s KRW 700,000,000 as well as 5% per annum from April 19, 2016 to October 19, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a creditor of loans to Defendant B, who is an operator of Defendant B, the total number of shares issued for the purpose of electrical construction business, etc., 100,000 E Co., Ltd. (hereinafter “E”), and Defendant C is Defendant B’s son, and Defendant D’s son.
At the time of the instant case, Defendant B was a shareholder of 30,00 shares E, Defendant C, and D respectively (hereinafter collectively referred to as “each of the instant shares”) of 20,000 shares of E.
B. On December 5, 2014, the Plaintiff loaned KRW 556,00,00 to Defendant B and E as the maturity date of January 5, 2016 and KRW 10.8% per annum, and provided each of the instant shares as security. On August 1, 2015, the Plaintiff received each of the instant shares, which were prepared in the name of the Defendants as of August 1, 2015, in exchange for the purchase and sale of each of the instant shares and the waiver of shares (share certificates).
C. However, around April 2016, Defendant B transferred KRW 30,000 shares E to F in KRW 300,000, Defendant C transferred KRW 20,000 shares to KRW 200,000, and Defendant D transferred KRW 20,000 shares to H in each contract, each of the above contracts was concluded, and around that time, the change of entry into the register of shareholders pursuant to the above contract was completed.
On January 23, 2018, Defendant B was found to be guilty of committing the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and was sentenced to a suspended sentence of three years from the Changwon District Court Jinwon District Court (2017Dahap27), and the Prosecutor’s appeal was dismissed on April 16, 2018 (Seoul High Court 2018No41) and the above judgment became final and conclusive on April 24, 2018.
Defendant B entered into an agreement with the Plaintiff to transfer 70 million shares prior to the issuance of share certificates of the said company, which was held in the name of Defendant B himself/herself and in the name of the borrower, as a security for KRW 56 million borrowed from the Plaintiff at the office of Defendant B’s operation, located in Busan-gun Office on August 1, 2015, and notified the said company of the transfer of shares.