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(영문) 수원지방법원안산지원 2015.09.02 2015가단5064

부동산 근저당권 설정등기 말소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s husband, C, as the E business office of D Co., Ltd. (hereinafter “D”), was employed as the Defendant’s inside director.

B. The Defendant examined the accounting books and revealed to C that the sum of KRW 65,813,160 (hereinafter “instant provisional payment”) was paid as provisional payment.

C has resigned from office on March 31, 2014.

C. C wishes to operate the D Service Center after retirement, and the Defendant and C agreed on April 29, 2014 as follows:

(hereinafter “instant agreement”). 1. Retirement pay: C does not claim to the Defendant the amount of KRW 43,00,000 for retirement pay.

2. Provisional payment: the defendant shall not be refunded KRW 65,00,000 from C.

3. 15% of the shares in Defendant Corporation: C shall return 15% of the shares in Defendant Corporation to the Defendant and shall not claim the amount.

In other words, the defendant and C shall set off all 15% of retirement allowances, provisional payments, and corporation shares of 1,2, and 3.

However, there is a dispute over the terms and conditions of transaction, and the defendant and C, May 29, 2014, and the above B.

Some of the provisional payments and C’s retirement allowance of KRW 43,823,091 are offset, and ② C has agreed again to the Defendant to use the remainder of KRW 21,990,069.

(2) On May 29, 2014, C provided a loan certificate to the Defendant stating that “The amount of KRW 21,90,069 shall be repaid in good faith within the due date (hereinafter “the instant loan certificate”)” (hereinafter “instant loan certificate”).

E. On June 1, 2014, the Defendant, C, and D agreed that “C shall establish a collateral security on real estate, cash, or cash, etc. equivalent to at least KRW 30 million under a contract deposit after entering into a contract, with the content of a special contract under which C operates D’s Airre.” (Article 7(1)).

(f) On June 10, 2010, the Plaintiff and the Defendant on the instant real estate.