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(영문) 대구지방법원 2017.05.25 2016나307659

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On July 23, 2012, the Defendant entered into a contract with C to transfer 30,000 shares out of 50,000 shares of D Co., Ltd. (the trade name was changed to E, hereinafter “Nonindicted Company”) owned by it (hereinafter “instant stock transfer contract”), and C paid KRW 150,000,000 to the Defendant for share transfer price.

B. The Defendant filed a lawsuit against C and F with the Daegu District Court 2012Gahap11055 to the effect that “The instant share transfer contract is null and void, C expressed each intention of transfer on Non-Party Company’s shares 30,000 shares, and F expressed each intention of transfer on Non-Party Company’s shares 20,000 shares, and notified the Non-Party Company of the fact of transfer.” On July 4, 2013, the above court rendered a judgment of the court below that “The instant share transfer contract was lawfully cancelled on August 3, 2012, C received KRW 150,000 from the Defendant, and at the same time, C paid KRW 30,00 shares of the Non-Party Company, and at the same time, F expressed the intention of transfer to the Defendant on Non-Party Company 20,000 shares, and notified the Non-Party Company of the fact of transfer (hereinafter “instant judgment”).

Accordingly, the Supreme Court of Daegu High Court 2013Na4129 appealed against the judgment of the first instance court of this case only C,00.

(hereinafter referred to as the "Prior Lawsuit in this case") among the lawsuits of Daegu District Court 2012Gau1055 and the lawsuits of Daegu High Court 2013Na4129.

The Plaintiff filed an application with the Daegu District Court 2013Kadan5989 with respect to provisional seizure of claims against the obligor C and the garnishee as the preserved claim against the Plaintiff’s loans KRW 28,726,939, which the Plaintiff had against the Defendant, and on August 22, 2013, “C was paid from the said court by the Daegu District Court 2012Kahap1055 (including the higher judgment in the instant case)” and “the amount to be paid from the Defendant to the claimed amount is below the claim amount.