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(영문) 서울중앙지방법원 2016.04.29 2016가합503218
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 247,680,128 and the interest rate of KRW 15% per annum from December 24, 2015 to the date of full payment.

Reasons

Basic Facts

The defendant is a stock company established for the business purposes of small and medium enterprise start-up business start-up business investment companies under the Support for Small and Medium Enterprise Establishment Act and the Enforcement Decree of the same Act and is a KOSDAQ-listed corporation. The plaintiff is a shareholder who held 2,647,057 shares of the defendant and held office as the defendant's director from March 29, 2007 to March 31, 2010

On October 31, 2007, the Defendant: (a) drafted a monetary loan agreement on December 21, 2007 (hereinafter “instant monetary loan agreement”); and (b) transferred KRW 500 million (hereinafter “the instant loan”) to the K.S. Company to the K.S. Company with the content that the Defendant would lend KRW 500 million to the K.S. Company at the rate of 9% per annum and 18% per annum (hereinafter “the instant loan agreement”); and (c) received from the K.S. Company 2,647,058 shares owned by the Plaintiff (the amount was KRW 200) as security, and paid KRW 50 million in the account in the name of the K.S. Company (hereinafter “instant loan”).

On December 21, 2007, the Defendant and K.S. entered into a monetary loan agreement with the content that the repayment date stipulated at the time of the monetary loan agreement of this case was changed to March 20, 2008. On March 20, 2008, the said repayment date was changed to September 30, 2009.

On the other hand, 2,647,057 shares owned by the Plaintiff, which were offered as security under the instant monetary loan agreement, were reduced to 1,058,820 shares as the par value was changed from 200 to 500 won on May 2, 2008, and 1,051,260 shares was reduced to 151,260 shares due to capital reduction on June 27, 2009, and finally reduced to 30,252 shares due to capital reduction on June 30, 2010.

On May 13, 2011, the Defendant disposed of 30,252 shares owned by the Plaintiff, which were offered as security under the monetary loan agreement of this case, in KRW 1,295 per share, and the proceeds of the instant loan of KRW 39,176,340 per share.

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