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1. On June 30, 201, the Plaintiff (Counterclaim Defendant) entered into a special agreement regarding credit transactions with the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. The status of the party 1) Plaintiff (hereinafter “Plaintiff”) is the Plaintiff’s name, regardless of whether it was before or after the change of the corporate name from “A” to “A” corporation (A”) on February 13, 2017.
[2] On August 21, 2015, the Plaintiff’s Intervenor was a company that was a shareholder of 100% shares of the Plaintiff’s shares, and the Plaintiff’s Intervenor sold 100% shares of the Plaintiff’s shares to the Plaintiff’s E Bank held by the Plaintiff’s Intervenor on August 21, 2015.
B. The Plaintiff and the Defendant entered into each credit transaction agreement with the Defendant (hereinafter collectively referred to as “existing credit transaction agreement”) between December 14, 2009 and December 14, 201, including: (a) the credit limit of KRW 10 billion on December 14, 2009; (b) the credit limit of KRW 4 billion on December 2, 2010; (c) the period from December 2, 2010 to August 11, 2012; and (d) the credit limit of KRW 11 billion on February 1, 201; and (e) the period from February 1, 201 to February 1, 2012 (hereinafter referred to as “existing credit transaction agreement”).
(2) On June 29, 201, the Plaintiff and the Defendant concluded a new credit transaction agreement with a maximum of 25 billion won including each credit limit of the existing contracts, prior to the maturity of the existing contract, and entered into a exchange contract with a loan of the existing contract to repay the loan of the existing contract. The existing contract security was an agreement that guarantees a new exchange contract (hereinafter “exchange contract”).
3) The Plaintiff and the Defendant paid 3% of the loan limit to the Plaintiff with respect to a substitute exchange contract on June 30, 2011, to the Plaintiff, and KRW 5% of the amount exceeding 10 billion out of the sales price at the time of selling the F shares, and ② G-invested investment company (hereinafter “G”) out of the amount recovered from the security offered by the Defendant.
(b).