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(영문) 서울고등법원 2017.06.20 2016나2059349
정산금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

(c) agreements were made to transfer to E approximately 852 shares ( approximately 17 per cent) held by L, and ④ to repay L to E the obligations of loans of KRW 8.8 billion that have been borne by Samsung Mutual Savings Bank;

3) On February 19, 2010, E resigned from office as a joint representative director and an intra-company director of D, and on the same day L became a sole representative director of D. H. D’s letter of payment guarantee, etc. related to the instant underwriting contract, L promised to pay 6.2 billion won to the Plaintiff on February 5, 2010, and B’s representative director E and L were to guarantee the payment of the said amount payable to the Plaintiff.

The terms of each payment guarantee contract shall be as follows:

Payment guarantee (Evidence A No. 4-2) Payment guarantee amount: The above-mentioned amount shall be paid to the Plaintiff as a balance unpaid out of the D Share Transactions Price of 2007, and shall submit a payment guarantee to the Plaintiff.* Payment period shall not exceed one year.

* On February 5, 2010, the guarantor changed to D representative L: The guarantor's payment guarantee amount for L's payment guarantee (No. 4-1; hereinafter referred to as "payment guarantee contract of this case"): The above amount is 00 million won for any balance unpaid out of D's stock transaction price in 2007 and paid to L's representative director L.

(b) payment period* within one year.

On February 5, 2010, the guarantor: (a) on February 10, 2010, the Plaintiff: (b) prepared a confirmation document stating that “D is D’s substantial shareholder L; (c) L was a D’s L; (d) L was offered 88,875 shares on February 18, 2010 as security to Dae Young Mutual Savings Bank; (d) borrowed KRW 8 billion in the name of Dae Young Mutual Savings Bank; and (e) borrowed KRW 6.7 billion in Q Q’s name and borrowed KRW 14.7 billion in total.

L 2 The above loans extended to B around that time.

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