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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. B is a company established on May 17, 2016 for the purpose of external franchise business, etc.
B. On September 5, 2016, B entered into a franchise agreement with the U.S. E company to acquire the right to engage in Franchising business in Korea (hereinafter “instant business right”) and paid down payment of USD 200,000 (22,1540,000) to E company on the same day.
C. B, on October 20, 2016, borrowed KRW 230 million from the Plaintiff as of December 20, 2016 at the maturity date, interest rate of KRW 10% per annum, and interest rate of arrears rate of KRW 19% per annum. Defendant (the representative director at the time B) and D (in-house director at the time B) jointly and severally guaranteed the Plaintiff’s above loan obligations, and B provided the Plaintiff with the instant business license as security for the loan obligation, and the Defendant entered into a contract with the following contents: (a) to provide the Plaintiff with B stocks owned by the Plaintiff as security for the loan obligation; and (b) to provide the Plaintiff with B stocks owned by the Plaintiff as security for the loan obligation:
(B) The following security (hereinafter referred to as “security”) shall be referred to as “security” to the Plaintiff in order to secure repayment under Article 5 [Offer of Security] of the Money Loan Agreement and the Defendant’s security (hereinafter referred to as “security”).
the latter part of this Agreement shall be attached to the contract necessary for the provision of security. - Security of shares in B (65.03%) owned by the Defendant - Security of business rights for this project held by B
2. Since the shares offered as security have not been issued in real form, the Company confirms that the shares have not been issued and provides its current list of shareholders.
The defendant shall prepare a separate transfer contract for security.
4. B, the defendant, or D fails to perform any of the above special terms, or if applicable, the plaintiff sells the collateral under Article 5 and sells it en bloc.