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(영문) 수원지방법원 2018.01.18 2016가합83392

근저당권말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(1) On July 2012, Nonparty E concluded a sales contract with Nonparty F, the representative of the purchaser, with Nonparty F, which is the representative of the purchaser. (1) A transferred 10,000 shares, all of the shares issued by Nonparty E, to F, and ② A entered into a sales contract with the Defendant’s inventory assets to be acquired by Nonparty C (hereinafter “instant acquisition of management rights”).

B. The contract for acquisition of the right of management of this case also includes the content that “Buyer” establishes the right to collateral security of KRW 250,000,000 to the Defendant, and the obligor of the right of management of this case also becomes a joint and several sureties” under the contract. The Plaintiff signed and sealed the acquisition of the right of this case as “contractor’s joint and several sureties” upon the request of Nonparty G (the representative director of the Plaintiff and Nonparty H and private money) who was in a relationship with F at the time.

【C Sales Contract】

1. C’s stock transfer price shall be 15,000 won per share;

(10,000 note * 15,000 = 15 million won

5. The buyer shall set up the right to collateral security of 2.5 billion won in a private factory B during seven months.

Expenses for establishment shall be borne by the purchaser.

* The debtor of collateral security shall sign and affix seals to the joint and several sureties of this contract.

(The limit of joint and several guarantees shall be up to 2.5 billion won, and when the payment of inventory assets is completed, the joint and several guarantees shall be terminated). 7. B The inventory assets held by C shall be acquired by C and the price shall be paid as follows:

1) The balance 200 million won (2) shall be paid first to B in cases where a loan for operating funds is obtained by no later than November 10.8. B shall be paid first. The accounting officer of B shall be permanently stationed by the end of December and pay the amount of the account receivable of C in preference B (payment at least once a week - even if there is any balance of the account receivable, by the end of November.

C. The instant management right acquisition agreement was drafted as of August 23, 2012 due to the loan of funds, etc., and the management right of this case including each of the above contents also takes over.