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(영문) 서울중앙지방법원 2018.12.21 2017가합555131
단기매매차익반환
Text

1. As to the Plaintiff’s KRW 2,213,212,869, the Defendant shall start on September 2, 2017.

Reasons

Basic Facts

The relevant Plaintiff (formerly: C) is a KOSDAQ-listed corporation that runs a mobile distribution business, a portable X-ray distribution business, etc.

The defendant was a corporation engaged in importing, processing, mediating, selling, etc. of raw materials and raw materials of the plaintiff company, and was a major shareholder of the plaintiff company.

On October 13, 2014, the Plaintiff acquired the Plaintiff’s shares issued by the Plaintiff, through a resolution of the board of directors on October 13, 2014, issued 1,346,153 shares with a face value of KRW 500 per share, with a third party’s shares issued at KRW 520 per share. The Plaintiff allocated 961,538 shares among the above shares to the Defendant, who is the largest shareholder at the time.

On October 14, 2014, the Defendant acquired 961,538 shares above (unit price: 520 won per share) and held 3,531,406 shares issued by the Plaintiff Company (unit price).

On December 5, 2014, through a resolution of the board of directors, the Plaintiff issued a third party’s share of KRW 500 per share with a face value of KRW 2,766,251 per share with a face value of KRW 723 won per share. The Plaintiff allocated all of the shares to the Defendant, the largest shareholder, at the time of issuance.

On December 9, 2014, the Defendant acquired the above shares 2,766,251 shares (unit price: 723 won per share) and held 6,297,657 shares issued by the Plaintiff Company (unit price).

The Defendant borrowed 7% per annum from D on December 8, 2014, and 2 billion won as of March 31, 2015, with the Defendant’s offering of shares issued by the Plaintiff Company as security, and provided 2,569,868 shares issued by the Plaintiff Company owned by the Defendant.

(hereinafter “instant monetary loan agreement”). Details of the instant monetary loan agreement are as follows.

Article 1(Loan Loans)D (hereinafter referred to as “A” in this Schedule) shall lend to the defendant (hereinafter referred to as “B”) the daily fixed amount of KRW 2,000,000 (Won 2,000,000,000) on December 8, 2014, and shall borrow “B”.

Article 2 (Interest Rates) Interest on the proceeds of the preceding Article shall be seven percent per annum for the principal.

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