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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 11, 2014, the Plaintiff: (a) determined and lent KRW 100 million per annum to ECo Co., Ltd. (hereinafter “SP”); (b) KRW 100 million as of the end of each month from September 2014 to December 2, 2014; and (c) on August 12, 2014, the Plaintiff drafted and received from the Nonparty Company an authentic deed of monetary loan agreement No. 1027 of the old CBC No. 1014.
B. On November 14, 2014, the issuer of the non-party company’s bonds issued by Defendant 2 who subscribed to the non-party company, including the conclusion of a bond transfer contract with the non-party company and the Defendant, decides to issue a bond with non-party 2 separate bond with non-party 2 (1) equivalent to KRW 300 billion (hereinafter “bonds”), and the underwriter shall subscribe to the bond on the date of payment in accordance with the terms and conditions set forth in this contract.
(1) An issuer shall issue bonds and warrant certificates to an underwriter in real form on the date of payment.
(2) On October 28, 2014, an underwriter shall set off a KRW 100 billion loaned to the issuer under a monetary loan contract of KRW 100 billion between the issuer and the underwriter at KRW 100 billion equivalent to the total face value of the bonds at the date of payment in lieu of payment of the acquisition price, and pay or pay to the issuer the balance after deducting the principal and interest of the loan from the acquisition price to the date of payment under this contract from the date of conclusion of the monetary loan loan contract to the issuer.
Payment shall be made by means of an account in which the issuer has notified the underwriter.
§ 5. (7) an issuer’s undertaking
(d) The issuer shall enter into a contract of transfer for security, such as sales bonds, with the issuer and underwriter before the date of payment or before the date of payment, and the issuer shall not be less than nine (9) companies, etc. of the issuer listed in Appendix 5.