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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 500,000.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On June 19, 2008, C Co., Ltd. (hereinafter “C”) established as an affiliate of B Co., Ltd. (hereinafter “B”) with capital of 12 billion won on June 19, 2008, but the remaining capital remaining after the end of July 2009 was not less than 6.7 billion won, thereby making a decision to provide capital increase with capital of 6 billion won (hereinafter “instant capital increase with capital”).
B. Meanwhile, at the time of the establishment of C, the first shareholder and the second shareholder were D (including a related party) and B (including a related party). However, around July 28, 2008, the Financial Services Commission added the condition that “the largest shareholder and his related party shall maintain the status of the largest shareholder and the shares on the date of permission for three years from the date of permission.” Since the shares held by B and their related party cannot exceed the shares of D and their related party, it is difficult for B and their related party to accept the new shares issued in the instant case. As such, E, who was exercising de facto control over B and C, did not meet the conditions of permission set by the Financial Services Commission, intended to acquire the forfeited shares by borrowing the name of the executive or employee of B affiliate, etc. in order to maintain the control over C as it satisfies the conditions of permission set by the Financial Services Commission.
C. On August 24, 2009, the F’s wife, who was currently in office as the auditor of C, agreed to accept part of forfeited shares in its own name upon acceptance of the E’s request, and entered into a credit transaction agreement (hereinafter “credit transaction agreement of this case”) with B by directly visiting B on August 24, 2009, setting the credit limit of KRW 500,000,000 per annum, interest rate of 10% per annum, maximum damages rate of 25% per annum, and credit period from August 24, 2009 to August 24, 2012.
B Under the instant credit transaction agreement, on August 24, 2009, paid KRW 401,500,000 (hereinafter “instant loan”) in the Plaintiff’s account (Account Number G) opened in B, and the Plaintiff on August 27, 2009.