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(영문) 서울고등법원 2017.12.19 2017나2022603
손해배상(기)
Text

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. A. Around 2009, the Defendant owned D’s E shares, around 2009, intended to acquire new shares of Japan and E, a Japanese listed corporation (hereinafter “stock company”) and to obtain investment profits by acquiring new shares and then making financial improvements. Around 2010, the Defendant introduced B from the head of E headquarters F, I and I, and agreed to acquire the shares of E in the name of D, along with B.

B and the Defendant acquired the preemptive right to 83,33,300 shares issued by E through the third party’s allocation of capital increase with consideration on November 25, 2010.

B out of its acquisition fund of 16.4 billion won, B bears 10.9 billion won, and I bears 5.5 billion won, and 51% of D shares shall be the name of the defendant for convenience, and 49% of D shares shall be in the name of the defendant for convenience. On October 5, 2011, B held 51% (5,100 shares) of D shares (4,900 shares) and the defendant held 49% of D shares (4,900 shares).

D In the process of acquiring E’s shares, J, Inc., the Defendant, the representative director of which, was transferred KRW 5,857,729,846 from I on September 7, 2010.

B borrowed KRW 6 billion from the Seoul Savings Bank on January 14, 201 in order to receive shares issued with capital increase, and repaid the loan from the company Seoul Savings Bank, and created a pledge right for all the shares owned D. The Defendant jointly and severally guaranteed the above loan obligation and the Defendant and G (D representative director and the Defendant’s wife) also set up a collateral security right on the apartment owned by them.

D held 68,055,100 E shares as of October 10, 201, and on October 25, 201, the Seoul Savings Bank was liable for 4,625,50,000 shares.

B. On September 19, 2011, J of the J’s agreement of debt repayment (J) concluded on September 19, 201, that on September 19, 201, the Defendant and F made an agreement of debt repayment with the Defendant and F as a joint and several surety on September 23, 201 by the J during the period of repayment of KRW 420 million borrowed from J I to December 31, 2011.

C. B of September 22, 2011, the debt repayment agreement B, dated September 22, 2011, shall be as follows.

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