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1. The Seoul High Court 2014Na2050355 rendered by the Defendant to the Plaintiff is an executory exemplification of the judgment.
Reasons
1. Basic facts
A. On February 14, 2007, the Plaintiff and the Defendant entered into a monetary loan agreement with the Plaintiff that provides the Plaintiff with 1,546 shares of C Co., Ltd. (hereinafter “Nonindicted Company”) as collateral and lends KRW 100,000 to the Plaintiff with 1,546 shares, as set forth below, and the remaining contents are the same as the said monetary loan agreement and only the loan amount of KRW 23,300,000, respectively.
(hereinafter referred to as “each of the loan agreements in this case”). Accordingly, the total amount of loans is KRW 123,300,000, and the total number of stocks offered as security is 3,092 note (=1,546 note x 2).
Cash Loan Agreement
1. The Plaintiff offered to the Defendant as security the shares 1,546 shares of C Co., Ltd. (hereinafter “Nonindicted Company”) owned by the Plaintiff and borrowed KRW 100,00,000,000 (including the interest rate of KRW 2% per share) to the Defendant (including the amount of KRW 5,000 per share).
2. The loan period shall be from February 8, 2007 to February 7, 2008.
3. When the Plaintiff fails to repay the obligation to the Defendant at the end of the loan period, the Defendant shall exercise the right of voluntary disposal of the security given by the Plaintiff under paragraph (1).
4. The defendant may not exercise his right to claim against the plaintiff in any case other than that set forth in paragraph (3).
B. After the lapse of the lawsuit between the Plaintiff and the Defendant, the Defendant filed a claim against the Plaintiff for loans under each of the instant loans for consumption with the court 2012Gahap1059, and this court rendered a judgment dismissing the Defendant’s claim on November 20, 2014.
Accordingly, the Defendant appealed as Seoul High Court Decision 2014Na2050355, and the above court, on July 22, 2016, limited the non-party company’s shares to 3,092 shares provided by the Plaintiff and the Defendant, which are subject to compulsory execution based on the claim based on each loan agreement between the Plaintiff and the Defendant for consumption. In addition, the Plaintiff’s other property is not subject to compulsory execution.