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1. Revocation of a judgment of the first instance;
2. The plaintiff's primary and conjunctive claims are all dismissed.
3. Action.
Reasons
1. Basic facts
A. The Plaintiff conspireds with G, the president of the F Group, and H, the former representative director of the Plaintiff, etc. holding the Plaintiff as an affiliate, and embezzled the Plaintiff’s corporate fund, and filed a lawsuit for damages (Seoul Central District Court 2012Gahap107780) that caused tort against them. On September 5, 2013, the first instance court rendered a judgment on September 5, 2013, stating that “The above G and H shall pay to each Plaintiff KRW 4 billion and its delay damages.” The above judgment was finalized on September 27, 2013 with respect to the above G, and on September 28, 2013 with respect to the above H, each of which was finalized on September 28, 2013, and the above G is currently insolvent.
B. Meanwhile, around November 28, 2012, Defendant C lent a total of KRW 550 million to the Plaintiff (the representative director of the Plaintiff at that time) to the Plaintiff, and received from the Plaintiff the deposit amounting to KRW 550 million in the Plaintiff’s account of KRW 550 million in total from the Plaintiff as security by receiving the passbook and the seal imprint.
C. Accordingly, Defendant C is the Plaintiff’s status on April 4, 2012.
The sum totaling KRW 5,586,487,263 (i.e., KRW 3,471,952,452) was withdrawn as a check. D. The sum totaling KRW 2,114,534,811.
Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into a monetary loan agreement with G on April 5, 2012, with the term of KRW 550 million on July 4, 2012, with the maturity of KRW 550 million on G, with the interest rate of KRW 2% per month. Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) provided the said J Co., Ltd. with KRW 26,034 shares and the ordinary shares issued by K Co., Ltd. as collateral, with KRW 17,000 shares issued by K Co., Ltd. (hereinafter “each shares of this case”). In the event the benefit of the said G is lost, the Defendant Co., Ltd. would have the right to dispose of each shares of this case as collateral (hereinafter “instant loan agreement”), and the Plaintiff (the representative director of the Plaintiff at that time) held a board of directors meeting on the same day and secured each shares of this case against each of the Defendant Co., Ltd.