(영문) 서울고등법원 2016.07.22 2014나2050355

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(영문) 서울고등법원 2016.07.22 2014나2050355

대여금 등

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1.The judgment of the first instance, including a claim withdrawn at or added to the trial for the first time, is as follows:

Reasons

1. Basic facts

A. The plaintiff is a person who operates credit business under the trade name of E, and the defendant was a representative director of F Co., Ltd. (trade name after the change: G Co., Ltd.; hereinafter "F") until December 27, 2006, and B (the husband of the defendant) and C are the former directors of each F.

B. On February 14, 2007, the Plaintiff and the Defendant concluded a monetary loan agreement with the Defendant to provide the Defendant with 1,546 shares of Nexexexp Rexroth Co., Ltd. (hereinafter “Nex Co., Ltd.”) as security, and to lend KRW 100,00,000 to the Defendant, as well as a monetary loan agreement with the content of the remainder, which is identical to the above monetary loan agreement and limited to 23,30,000 won, respectively.

(hereinafter referred to as “each of the loan agreements in this case”). Accordingly, the total amount of loans is KRW 123,300,000, and the total number of stocks offered as security is 3,092 note (=1,546 note x 2).

Cash Loan Agreement

1. The Defendant offered to the Plaintiff as security the shares 1,546 shares of Nexex Co., Ltd. (hereinafter “Nex”) owned by the Defendant (including 2% per annum) and borrowed KRW 100,000,000,000 per share to the Plaintiff (including 5,000 per share).

2. The loan period shall be from February 8, 2007 to February 7, 2008.

3. If the Defendant fails to repay the obligation to the Plaintiff at the end of the loan period, the Plaintiff shall exercise the right of voluntary disposal of the security provided by the Defendant under paragraph (1).

4. The plaintiff may not exercise his right to claim other than that under paragraph (3) against the defendant in any case.

C. The Defendant issued to the Plaintiff a certificate of non-party issuance of share certificates issued by the non-party company and the Defendant’s certificate of personal seal impression attached to each loan agreement for consumption that confirms that the Defendant owned 1,546 shares of common shares issued by the non-party company in non-party company (the amount of KRW 5,000 per share) and the Defendant’s certificate of personal seal impression.

[Ground of Recognition] Facts without dispute, Gap 2, 3, 10 evidence, Eul 3.

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