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(영문) 서울중앙지방법원 2020.10.15 2019가합549611
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to adjust the existing debt relationship with the plaintiff, the defendant stated the date of preparation on December 28, 2007 in Gap evidence Nos. 1 and Gap evidence Nos. 2 (the guarantee certificate) on December 28, 2008, respectively, but the point of time of borrowing the above loan certificate and loan guarantee certificate is stated on December 28, 2007, respectively. In light of the fact that the plaintiff claims that the above date of preparation is a clerical error as of December 28, 2007, each of the above date of preparation is deemed to be a clerical error as of December 28, 2007.

around 100,000 won interest rate of 2% per month and from December 28, 2007 to December 28, 2008, shall be borrowed.

“Around December 28, 2007, the loan certificate and the loan certificate with the content of “30,000,000 won for interest rate of 1.35% for each month, and from December 28, 2007 to December 28, 2008,” were drawn up and issued to the Plaintiff.

(B) The above loan certificate and the loan certificate are collectively referred to as "the loan certificate of this case".

On August 20, 2009, the Defendant entered into a stock transaction contract with the Plaintiff. The main contents of the contract are that “the Defendant shall sell to the Plaintiff 46,428 won per share of 14,000 ordinary shares of C Co., Ltd. (hereinafter “C”) and the total amount of 650,000,000 won per share, and the payment of the price shall be substituted by the Plaintiff’s payment of KRW 60 million against the Defendant as KRW 60,000 against the Defendant, and the remainder of KRW 50,000 was paid as a check.”

(hereinafter “this case’s agreement”). 【No dispute exists concerning the purchase and sale of shares (which is the ground for recognition), entry of Gap’s evidence Nos. 1 through 3, 6, and 7, and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. The defendant, around August 2009, shows to the plaintiff the status of marketing promotion by country C, and "in Korea, it holds shares of the company "C", and if it holds shares with a very promising company, it will be the largest amount later.

The debt amount of KRW 600,000 shall not be repaid to the Republic of Korea, and the C shares shall be paid in addition to the amount of KRW 50,000,000,000.

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