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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 243,210,435.
3. All costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. On February 28, 2008, A Co., Ltd. (hereinafter referred to as “A”) was a general loan loan to the Defendant (a defendant denies the loan, but the legal effect of the loan belongs to the Defendant or the Defendant as shown below) on which KRW 500 million is fixed at the maturity of March 28, 2008 (the extension on September 28, 2008), interest rate of 12% per annum, interest rate of delay rate of 25% per annum (hereinafter referred to as “instant loan”), and the above loan amount of KRW 500 million was deposited into A account in the name of the Defendant on the day of the loan.
B. Around February 28, 2008, the Defendant participated in the allocation of shares to a third party of the teabnex Co., Ltd. (the trade name prior to the alteration: DNA Co., Ltd.; hereinafter “diverex”), and decided to accept 214,754 shares of DNA. The Defendant received the instant loan on February 28, 2008, and transferred KRW 495,007,970 out of the above loans, as the payment date of shares, to DNAex.
C. On March 14, 2013, the above shares were entered into the treatment securities account (the account number C) with the Defendant’s name on February 27, 2008, and were transferred on November 25, 2008 to the SK Securities account (Account Number: D) with the Defendant’s name on several occasions until August 12, 2010.
Of the instant loans, the principal amounting to KRW 500 million was repaid on August 24, 2010, but interest and overdue interest accrued after August 28, 2008 remains 242,753,415, while not repaying.
E. Meanwhile, on September 7, 2012, A was declared bankrupt by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as the bankruptcy trustee.
[Ground of recognition] In the absence of dispute, each entry of Gap1 through 6, the result of the commission to send documents to the DNA of the court of first instance, the result of the fact inquiry into the banks of the court of first instance, the Korea Standards Bank, and DNA, the result of the fact inquiry into the case, the result of the fact inquiry into the treatment securities of the party, and the SK securities, the purport of the whole pleadings.
2. According to the above facts of recognition as to the primary cause of claim, this is examined.