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(영문) 서울고등법원 2018.01.18 2017나2041550
청구이의
Text

1. Revocation of the first instance judgment.

2. A Promissory Notes No. 148 against the Defendant’s Plaintiff, No. 148.

Reasons

1. Basic facts

A. 1) The Defendant entered into each monetary loan agreement with the Plaintiff to lend KRW 500 million on July 14, 2015 as the due date (one year from the date of payment in installments), interest rate of KRW 18% per annum, delay damages rate of KRW 10% per annum (in cases of installment payments, one year from the due date of payment in installments), and KRW 150 million on July 15, 2015 (one year from the due date of payment in installments), interest rate of KRW 18% per annum, delay damages rate of KRW 10% per annum (in cases of installment payments, one year from the due date of payment in installments), and deposit KRW 650 million per annum with the Plaintiff’s account from August 3, 2015 to October 29, 2015 (in addition to interest payment).

(2) Each of the above monetary loan agreements stipulates that the Plaintiff may repay the instant loan obligations even before the due date (Article 5(2)). (A) The Plaintiff, as security for the instant loan obligations, issued a promissory note with a face value of KRW 50 million at a face value of KRW 50 million at a sight at the due date, and a promissory note with a face value of KRW 150 million at a face value of KRW 150 million at a face value (hereinafter “each of the instant promissory notes”), and on October 23, 2015, with a face value of KRW 148,00,000, face value of KRW 150,000,000 at a face value of KRW 20,000,000 as security of each of the instant loan obligations, as security of each of the instant loan obligations, the Plaintiff prepared a notarial deed with the text of each compulsory execution and acceptance as security by law firm No. 149, 2015.

(B) Notarial deeds on promissory notes with a face value of KRW 500,000,000 ("Notarial Deed of this case").

Plaintiff’s issuance of new shares, etc. 1) The Plaintiff, on December 28, 2015, issued 1.4 million new shares, which constitutes 500,000 shares per share (hereinafter “instant issuance of new shares”) by means of the shareholder allocation method (hereinafter “instant issuance of new shares”).

) According to the previous equity ratio, 560,000 shares (40%) to shareholders E, shareholders F, and G, respectively, 420,000 shares (30% shares, respectively, shall be allotted to shareholders, and the due date for the payment of new shares shall be December 29, 2015.

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