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(영문) 서울고등법원 2017.03.23 2015나2069288
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim filed by this court is dismissed.

3.

Reasons

1. Basic facts

A. The plaintiff is a company with the main purpose of producing and distributing music records, and C is a person who served as the representative director of the plaintiff, and the defendant is a person who operates the lending company.

B. C borrowed the shares of Co., Ltd. E (hereinafter “E”) and the Plaintiff’s shares as collateral, and paid interest in advance on 1.5% per month, with 1.5% per month as stated below [Attachment 1], and agreed to sell shares at will regardless of the collateral ratio if the operating assets calculated by the share price rapidly falls short of 150% of the loan even before the expiration of the loan period or the price per share falls short of 840 won per week, C may provide additional collateral, and at the time of a sudden decline of the share price (at least two lower limits or 30% per three days), the Defendant may sell shares at will regardless of the collateral ratio, and the balance remaining after the repayment of the loan by selling shares due to default is owned by C.

[Attachment 1] Temporary loan-backed shares of KRW 1,40,000 E shares of KRW 2,500,000 on December 15, 2010, and KRW 1,000 E shares of KRW 1,00,00,000 on January 2, 2012, 200, KRW 1,60,000 on January 3, 2012, Plaintiff 1,60,60,000 on Plaintiff’s shares of KRW 1,60,00,000 on KRW 1,60,000 on February 20, 207, KRW 00, KRW 00 on KRW 1,60,00 on KRW 1,60 on 00, KRW 00 on 1,00 on 0,00 on shares of KRW 2,00 on 0,00 on shares of KRW 2,500,00 on shares of KRW 00 on March 9, 2000.

C. On the other hand, C as the representative director of the Plaintiff, as the Plaintiff’s representative director, is against the Defendant.

Subject to the same conditions as the statement in the paragraph, the money was borrowed as shown below [Attachment 2].

[Attachment 2] The number of stocks for temporary loan security is non-existent on January 13, 201, and KRW 3,500,000,000 E shares of KRW 3,000,000 on August 30, 2012, which was agreed to offer as security KRW 2,00,000 E shares of KRW 3,00,000,000 on August 30, 201, but only KRW 2,00,000.

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