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(영문) 서울고등법원 2016.12.22 2016나2004455

주권인도등

Text

1. The application for participation of an independent party intervenor raised in the trial of a party shall be dismissed;

2. The plaintiff's appeal is filed.

Reasons

1. Basic facts

A. Status E Co., Ltd. (former trade name: F. F. hereinafter “E”) is a company aimed at multi-level marketing, such as health and food sales business, and the bankruptcy debtor A Co., Ltd. (hereinafter “Bankruptcy debtor”) is a company that aims at door-to-door sales business.

B. The preparation and delivery of the instant letter of undertaking, etc. and the transfer of the instant shares, etc. 1) E and the debtor in bankruptcy are faced with financial difficulties that make it difficult for them to pay sales allowances to their sales clerks. G, the representative director and the debtor in bankruptcy, are the actual managers, as of September 28, 2006, Defendant D (the former trade name: H: hereinafter “Defendant D”) holding by the debtor in bankruptcy at the time to their sales clerks.

(3),356,700 shares (the shares 99.72%, hereinafter referred to as “instant shares”)

(A) with respect to shares, including shares, the following certificates of commitment (as referred to in Section A(3), hereinafter referred to as “instant certificates of commitment”):

The E representative director G promised to transfer all of the shares held to F families to F families in order to revitalize the business of F families (the bankrupt debtor and the sales clerks belonging to E) and to realize family management as follows, and detailed procedures are carried out through counsel and accountant advice (by December 31, 2006). (No later than 3,356,700 shares (9.72%) with a large sum of the common amounts of outstanding shares, which is 33,56,700 shares (9.72%) with the defendant corporation's bankruptcy debtor holding the amount of KRW 33,567,00,000 shares: G representative director G3) on the other hand, the bankrupt debtor divided the shares of this case into E on December 29, 206 after the letter of undertaking of this case, and divided the shares of this case into the shares of this case into 33,567,000 shares and the shares of this case into E:36,000 shares of the existing debtor on December 29, 2006

(hereinafter referred to as the “instant contract”) between the bankrupt debtor and E, . The bankruptcy debtor is 4.