The defendant shall pay 1,621,20,000 won to the plaintiff and 20% per annum from February 28, 2008 to the day of complete payment.

Basic Facts

The plaintiff (former trade name: C) is a company established mainly for the purpose of manufacturing and selling non-smoking drugs, and the defendant is a person who was the representative director of D (former trade name: E; hereinafter referred to as "D") from February 9, 2007 to June 18, 2007, while engaging in the business of acquiring companies, attracting funds, etc.

The Defendant entered into a share lending contract between the Plaintiff and the Defendant, holding a large quantity of shares of Korea Tobacco Co., Ltd. (hereinafter referred to as “Korea Tobacco”), and having known that F, the representative director of the Plaintiff, was in need of the company operation funds around 2006, he thought at the time of lending the Plaintiff’s Korean Tobacco shares from F to use them for raising D’s acquisition funds that the Defendant intended to acquire.

On January 19, 2007, the Defendant prepared 8.5 billion won for acquiring D&C, a C&C-registered company. However, on or around December 2006, the Defendant: (a) borrowed 1.5 billion won from D&C-registered company; (b) borrowed 2,00,000 won of our tobacco stocks; (c) borrowed 2,00,000 won to acquire D’s funds; and (d) returned 5,000,000 won of our tobacco stocks; or (d) returned 4,000,000 won of the corresponding cash 4,000,000,000 won. However, the Defendant had no funds to take over D; and (d) borrowed 1,50,000 won of D&C-registered company received repayment of 1.5 billion won of D&C-registered loan from the bond company; and (d) there was no intention to repay it within 2,400,000 won of our tobacco stocks or its assets.

The Defendant, as above, entered into a contract with the Plaintiff on January 19, 2007, by deceiving F and lending two million won of our tobacco shares.