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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of newly constructing and selling “C”, a sales facility building, on the ground of Geumcheon-gu Seoul Metropolitan Government land (hereinafter “instant business”).
B. D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) as the Plaintiff’s shareholder, D’s KRW 27.3 billion from the Defendant on July 26, 201, and E’s total of KRW 47 billion from the Defendant on July 26, 2011, KRW 5.41% of the interest rate CD base rate, and the due date for repayment is 26 months from the date of the first loan execution.
(hereinafter “instant loan agreement”). C.
Article 5(2) of the loan contract of this case provides that "the borrower may make a repayment prior to the due date and in this case, the borrower shall pay to the lender the repayment fees equivalent to 0.5% of the due date for the repayment prior to the due date." Article 7(5) of the loan contract of this case provides that "the borrower shall establish a pledge to the lender up to the limit of 130% of the loan to the extent of the loan's outstanding stocks issued by the borrower, and shall enter into a contract to establish a pledge to the lender prior to the due date."
According to the instant loan agreement, loans of KRW 47 billion were executed from July 28, 2011, and a pledge was established for the security of the said loans against the entire D and E-issued shares as a pledgee, and the possession of share certificates was also transferred to the Defendant.
E. Meanwhile, on May 31, 201, the Plaintiff borrowed a loan of KRW 160 billion from the Korea Exchange Bank, ASEAN Capital, and Korea Securities Finance on the date of maturity on September 26, 2013 for the instant business.
(f) The Plaintiff, on September 2013, extended a loan from the Korea Exchange Bank, the Bag Capital, or the Hando Construction (hereinafter “new lender”) to repay the existing loan (hereinafter “new loan”) and then extended a new loan.