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(영문) 수원지방법원성남지원 2020.04.28 2019가합406906
청구이의
Text

A notary public E office of the defendant against the plaintiff, Law No. 1521, October 17, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a KOSDAQ-listed company for the purpose of manufacturing portable devices parts. The Defendant is a company for credit business, etc. (2) The Plaintiff used the trade name “F” from March 24, 2017, and changed its trade name to A on September 17, 2018. As of October 2, 2019, the Plaintiff changed its trade name to C as of October 2, 2019.

B. G transaction 1) G between G and the Defendant: (a) a person who was in office as the representative director of the Plaintiff from June 7, 2018 to December 17, 2018; and (b) a monetary loan agreement between the Defendant and the Defendant on July 9, 2018, borrowing KRW 2.7 billion from the Defendant (hereinafter “the following”) refers to the monetary loan agreement of this case:

Article 1 (Lease) The Defendant lent KRW 700,000,000 to G on July 9, 2018, and G borrowed this. The due date for the repayment of the borrowed amount under Article 2 (Refund Date) is as follows. On September 9, 2018 (Interest)

1. The interest on loans shall be 1% per month and shall be paid on the nineth day of each month;

2.The interest in arrears shall be 24% per annum when the repayment of the principal and interest has been delayed.

Article 6 (Security and Joint Guarantee) G shall provide the defendant with the following security in order to guarantee the performance of obligations under this Agreement:

The security offered by G to the defendant shall be as follows:

1. F 7,326,373 shares in stock company to be secured by G;

2. When the total amount of shares secured by G under Article 7 (Conditions in Special Agreement) of the Pledge on the Stock Exchange account of the teaching rights does not exceed 4,860,000,000 won (180%), G shall provide additional security or amount to maintain not less than 4,860,000 won.

G When the total amount of shares (based on the closing price) does not exceed 4,860,000,000 won, or the total amount of shares (based on the closing price) is not more than 4,590,000,000 won (based on the closing price) for not less than three days, the Defendant may make a counter-sale without any separate notice.

G cannot raise any civil or criminal lawsuit and objection against this.

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