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1. The defendant shall pay 1,309,000,000 won to the plaintiff and 25% per annum from November 20, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On March 3, 2010, A Co., Ltd. (hereinafter “A”) granted a loan of KRW 3,700,000 per annum to the Defendant with 12% interest rate per annum, 25% per annum of delay compensation rate, and September 3, 2010 of the expiration date of the credit (hereinafter “instant loan”).
B. In addition, around May 6, 2010, the Defendant: (a) around May 6, 2010; and (b) around May 7, 2010, the Plaintiff created a pledge to secure the Plaintiff’s claim for the above loan; (c) around KRW 4,810,00,000, respectively, regarding the Plaintiff’s account for SK securities in its own name; (d) at the time, each of the above accounts was deposited with Zco Co., Ltd. (hereinafter “Nco”).
C. However, on June 28, 2010, the entire NAC shares 437,304 shares in the SK securities account under the name of the Defendant and NAC shares 954,671 shares in the SK securities account under the name of the Defendant were released under the consent of A.
Meanwhile, the Defendant’s debt amount following the instant loan is KRW 6,464,48,315 as of November 19, 2013 (i.e., principal KRW 3,69,219,851 (i.e., principal) and KRW 2,765,268,464).
E. On March 5, 2012, A was declared bankrupt by the Gwangju District Court 201Hau1, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including Serial number if any), and the result of each fact inquiry reply made by this court on May 1, 2014 and July 23, 2014 to SK Securities Co., Ltd., the purport of the whole pleadings, as a whole.
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, a trustee in bankruptcy, the amount of KRW 1,309,00,000 that the Plaintiff seeks from November 20, 2013 to the date of full payment, and the delay damages calculated at the rate of 25% per annum from November 20, 2013 to the date of full payment.
3. Judgment on the defendant's defense
A. (i) As to the account of SK Securities offered by the Defendant and C as security, the pledge shall be valid until now.