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(영문) 서울중앙지방법원 2015.10.27 2013가합532642
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the main purpose of producing and distributing music records, and entertainment-related business. C is a person who served as the representative director of the Plaintiff, and the Defendant is a person who operates a lending company under the trade name of “D.”

B. C is the largest shareholder of the Plaintiff, a company mainly engaged in the development of genetic resources from the Defendant as follows.

In borrowing stocks as collateral, interest shall be paid in advance on the 14th of each month on the 14th of each month with 1.5% interest, and in the event that the operating assets calculated by the share price falls short of 150% of the loan or the price per share does not exceed 840 won even before the expiration of the loan period, C may provide additional security, and the defendant may sell shares at will, regardless of the collateral ratio, at the time of a sudden decline of the share price (at least two lowest limits or 30% drops during the 3rd of each three days), regardless of the collateral ratio, the balance remaining after the repayment of the loan by selling shares due to default of the debt shall be owned by C.

60,000,000 won on December 15, 2010, which was 1,40,000,000 won on a temporary loan and offered as security with 1,00,000,000 won on January 2, 2012, 200,000 won, excluding the Plaintiff’s stocks offered as security with 1,00,000,000 won on a date of January 3, 2012; 1,60,000,000 won on a 1,60,60,000,000 won on a date of 1,60,000, 70,000 won on a date of 1,10,000,00 won on a date of 1,60,000 won on a date of 0,000 won on a date of 1,00,000 won on a date of 1,000 shares;

C. Meanwhile, C as the representative director of the Plaintiff, the debtor as the Plaintiff, and B from the Defendant.

Subject to the conditions described in the subsection, the following money was borrowed:

The agreement to provide 200,000,000 Won as security on August 30, 201, 201, in the amount of stocks for temporary loan security on January 13, 201, while the agreement to provide 3,500,000,000 Won as security on August 30, 2012, but the agreement to provide 2,00,000,000 Won as security.

D. C: June 2014

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