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Among the lawsuits of this case that have been changed in exchange in this court, the part against Defendant B.
Reasons
1. Basic facts
A. A. Around September 13, 2007, the Plaintiff entered into a license agreement with D (D) for the purpose of the development, manufacture, and sale of a motor vehicle fuel tank, etc. located in the complex (hereinafter “non-party company”) to obtain all rights related to the transfer of technology and exclusive production, sale, etc. of “F rights” owned by the non-party company. The Plaintiff and the non-party company entered into an additional license agreement with the content of the patent right to be transferred on November 2, 2007 (hereinafter “instant license agreement”). The Plaintiff’s rights arising from the said agreement are as indicated “the indication of license rights” in attached Form 1, and the Plaintiff’s rights (hereinafter “the Plaintiff’s rights”) were as indicated in the “instant license agreement,” and around September 207, 2007, 35% (2.5 million U.S. dollars) of the shares shares of the non-party company from the non-party company’s shareholders, etc. (2.5 million U.S. dollars).
(hereinafter referred to as the “instant shares”) the shares of the non-party company that the Plaintiff intended to acquire.
The Plaintiff borrowed KRW 590,000,000 from Defendant B to raise additional funds necessary for the instant license or acquisition of shares, and subsequently additionally borrowed KRW 800,000,000 on July 4, 2008.
(hereinafter referred to as “additional Loan”) a loan made on July 4, 2008.
On July 4, 2008, the Plaintiff and Defendant B drafted a contract for transfer of rights and a technology contract (hereinafter “instant transfer of security agreement”) with the purport that, for securing additional loans, the Plaintiff may confirm that the Plaintiff will transfer the instant shares and licenses to the third party designated by Defendant B or Defendant B without any condition and actively cooperate therein when the Plaintiff fails to repay the loans even after the maturity of the loans.
The Plaintiff.