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(영문) 광주지방법원 2020.11.27 2020가단535847
약정금
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1. Defendant B’s KRW 594,191,171 as well as 10% per annum from July 4, 2019 to November 13, 2019, respectively, to the Plaintiff.

Reasons

1. On February 10, 2014, Defendant B entered into a loan agreement with the Plaintiff, a financial investment business entity under the Financial Investment Services and Capital Markets Act, which provides securities as collateral and settle the sales price of stocks with a loan from the Plaintiff (hereinafter “instant loan agreement”).

According to the loan agreement of this case, if the total amount of the secured value in the loan transaction does not reach 140% of the secured ratio, Defendant B shall provide additional security. If Defendant B does not comply with the Plaintiff’s request for additional security, the Plaintiff may repay the loan by voluntarily repaying (ordinary trade) the securities as the security (ordinary trade) and the overdue interest rate shall be 10% per annum.

Defendant B opened the Plaintiff’s consignment account in accordance with the instant loan agreement and provided shares as collateral to “D Co., Ltd.” (hereinafter “D”) and traded with the Plaintiff during the loan transaction, there was a shortage of collateral amount of KRW 659,643,718 on June 27, 2019 due to the decline of D’s share price.

On June 27, 2019 and June 28, 2019, the Plaintiff requested Defendant B to pay an additional amount of the shortage of collateral, and notified Defendant B that the amount of the shortage of collateral could be repaid at will if the Plaintiff failed to provide additional collateral by June 29, 2019. On July 3, 2019, the Plaintiff voluntarily repaid Defendant B’s D and Co., Ltd.’s shares. Accordingly, the amount of loan remains KRW 594,191,171.

On the other hand, on June 28, 2019, Defendant B completed the registration of transfer of ownership on the real estate listed in the separate sheet (hereinafter “instant real estate”) to Defendant C, a child, based on the gift dated June 28, 2019 (hereinafter “instant gift agreement”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 10 (including each branch number if there are several numbers) and the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B shall lend the Plaintiff outstanding loans in accordance with the instant loan agreement.

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