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(영문) 서울중앙지방법원 2018.11.26 2017가단5240352
어음금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff and C entered into a share transfer contract with the effect that “the transfer and acquisition of 300,000 won of shares of D Co., Ltd. (hereinafter “D”) is KRW 187,50,000,000,000.” On the same day, the Plaintiff received a receipt from C that “the transfer of KRW 187,50,000 to the bank account of C” and “the receipt of KRW 187,50,000,000,000,000,000,0000,000

B. On January 7, 2014, the Plaintiff and D entered into a share donation agreement with the effect that “the Plaintiff shall promise to donate 300,000 common shares of D without compensation, and D shall consent thereto.” On the same day, the Defendant, who was a director of D at the time, issued to the Plaintiff one promissory note (hereinafter “instant promissory note”) with a face value of KRW 187,50,000,000 at face value, the payee, the place of payment, the place of payment, the Seoul Special Metropolitan City, the place of payment, the place of payment, the date of payment, and the place of payment, and one promissory note with a sight of the due date (hereinafter “instant promissory note”). As to the said promissory note, a notary public drafted a authentic deed as of January 7, 2014 between the Plaintiff

C. Meanwhile, D does not issue stock certificates as an unlisted corporation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 9, Eul evidence No. 4, the purport of the whole pleadings

2. The parties' assertion

A. On February 1, 2013, Plaintiff 1 lent KRW 187.5 million to the Defendant. At the time, the Defendant, upon paying the above money to Plaintiff 1, the creditor, proposed to offer as security the above loan 300,000 shares of D, which C had secured. On the same day, the Plaintiff concluded a stock transfer contract for the loan security and transferred KRW 187.5 million to C.

Then, the defendant, on January 7, 2014, should adjust the shares of D in companies substantially operated by the defendant to the plaintiff, and the defendant would issue a promissory note upon donation of 300,000 shares of D offered as security to D with D.

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