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Reasons
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(영문) 서울중앙지방법원 2015.06.04 2014가합557006
주식인도청구의 소
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) C is a party to the dispute. From April 12, 1976 to May 25, 1989, D Co., Ltd. (hereinafter “D”).

(E) The shareholder interest, representative director, and E Co., Ltd. (hereinafter “E”) from March 25, 1998 to November 9, 1998.

2) On December 31, 2007, F entered E’s 120,000 shares issued E in the register of shareholders as shareholders of 120,000 shares (60% of shares issued).

3) G is the denying of C, and the Defendant is C’s A. B. 1) Defendant D is the Han Bank Co., Ltd. (hereinafter “I Bank”) on June 5, 1996.

(1) The credit transaction agreement with the following contents was made: ① Credit amount of real estate mortgage loan ② Credit amount of KRW 6 billion: The transaction period: up to June 5, 1997 (the full due date is extended in sequence on July 31, 1997; September 30, 1997; and October 2, 1997): Interest rate: 25% per annum; 19% per annum; H Co., Ltd. guaranteed D’s loan obligations under the said credit transaction agreement.

2) One bank applied for a voluntary auction of real estate in the Republic of Korea and distributed dividends (i.e., the principal amount of KRW 9,297,238,90,00,000 and damages for delay) (i.e., the interest of KRW 5,890,00,000 and damages for delay) and (ii) the principal amount of KRW 3,407,238,901) to Suwon District Court for a voluntary auction of real estate in the Republic of Korea and appropriated the principal amount of KRW 2,597,221,261 on June 22, 200 for each real estate in the Republic of Korea which was provided as security by D.

B) As of June 22, 2000, one bank’s claims for loans against D were appropriated with the above funds (i.e., principal amount of KRW 3,292,778,739 (i.e., principal amount of KRW 5,890,00,000) - dividends of KRW 2,597,221,261) and interest and delay damages of KRW 3,407,238,901 (i.e., interest and delay damages amount of KRW 3,407,017,640) as of KRW 6,700,017,017,640) Han Bank (i.e., assignment of claims and notice of transfer) as of July 10, 201.

E. The KEL Co., Ltd. on March 18, 2003.

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