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(영문) 서울남부지방법원 2017.07.13 2017가합103796
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Defendant was a current or former internal director of the Plaintiff (D Co., Ltd. before the amendment) from January 23, 2015 to August 12, 2016, and the Defendant set the amount of KRW 500 million on July 14, 2015 to July 13, 2016 as the due date for payment, interest rate of KRW 18%, interest rate of KRW 18%, and delay damages (payment plus interest interest) of KRW 150 million on July 15, 2015, and each of the loans (hereinafter referred to as “each of the loans of this case”).

(i)each of the above loans has not been repaid yet.

(2) On August 25, 2015, the Plaintiff issued, respectively, a promissory note with a face value of KRW 500 million in face value and a promissory note with a face value of KRW 150 million in face value (hereinafter “each promissory note of this case”) to the Defendant as security for each of the above loan obligations.

3) Subsequent to October 23, 2015, the Plaintiff: (a) No. 148 of the No. 2015, a promissory note No. 148 on promissory note amounting to KRW 500,000 in face value (hereinafter “instant notarial deed”) to the Defendant.

(B) The Plaintiff, on December 28, 2015, issued a shareholder allocation method (hereinafter “instant issuance of new shares”) a total of KRW 1.4 million (400,000,000,000,000 in the face value of KRW 150,000,000 in the Promissory Notes No. 149 of C’s 2015. The Plaintiff issued a shareholder allocation method (hereinafter “instant issuance of new shares”) with a total of KRW 50,00,00 in the face value of KRW 50,00 in the face value of KRW 560,00 in the shareholders E according to the previous shares ratio, and F and G (the Plaintiff’s representative director at that time, F and G were the Plaintiff’s directors at that time, and the above E, etc. appears to have either been or was a relative of the Plaintiff’s actual operator) with each share ratio of KRW 420,000 in the face value of new shares as of December 29, 2015.

2. On December 29, 2015, the Plaintiff of the above E, etc.

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