beta
(영문) 서울중앙지방법원 2016.11.30 2016가단39208

손해배상(기)

Text

1. All of the plaintiffs' primary claims and ancillary claims against the defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiffs are shareholders of Nonparty D Co., Ltd. (hereinafter “D”), and Plaintiff A owns 14,000 shares and 6,000 shares among the total shares issued 20,000 shares.

B. D on February 20, 1997, i.e., the obligation to seize and collect the collection order and the obligation to collect the collection amount 1) D is a company promoting Sejong (hereinafter “Scisf Promotion”).

(2) On May 9, 1997, the Plaintiff filed a lawsuit against the Plaintiff for the claim for the payment of promissory notes (Seoul District Court Decision 97Da44902) and filed a judgment against D on May 9, 1997 (Seoul District Court Decision 50 million won, and the amount at the rate of 25% per annum from March 23, 1997 to the date of full payment. The above judgment became final and conclusive around that time. (2) On October 11, 2001, the Plaintiff filed a lawsuit against the Plaintiff for the execution of the procedure for the registration of ownership transfer and the return of KRW 180,000,000,000, which is part of the purchase price 1,200,000 won paid to the Plaintiff University (hereinafter “Korean Real Estate Trust”).

On February 14, 2003, this Court rendered a ruling that "The first claim for the promotion of the Sejong Central District Court is dismissed, and the second claim for the second claim that "the second claim for the trust of real estate in a national university and the Korean Real Estate Trust shall be jointly and severally paid KRW 1.8 billion to the promotion of the Sejong Central District Court 2001Ga73959" (Seoul Central District Court 2001Ga73959).

On February 18, 2005, the appellate court rendered a judgment (Seoul High Court Decision 2003Na2505, Seoul High Court Decision 2003Na2505) that "The single university and the Korean Real Estate Trust jointly pays 1.8 billion won and damages for delay to the Sejong High Court" (Seoul High Court Decision 2003Na2505, Dec. 21, 2006, the appellate court rendered a judgment dismissing the appeal on December 21, 2006 (Supreme Court Decision 2005Da20620).