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(영문) 서울중앙지방법원 2017.11.09 2017가합539801
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On February 18, 2010, Hyundai Savings Bank Co., Ltd. (former trade name: Dae Young Mutual Savings Bank, Inc., Ltd.; hereinafter referred to as “former Savings Bank”) concluded a credit transaction agreement with C Co., Ltd. (hereinafter referred to as “C”) and loaned KRW 8 billion.

(A) The term “instant loan obligations” (hereinafter “instant loan obligations”). Hyundai Savings Bank was offered as security for the said loan by D Co., Ltd. (hereinafter “D”) and E (the representative director at that time) the shares issued C issued (i.e., D47,531 shares E39,93 shares; hereinafter “instant shares”) as security for transfer.

(The On the other hand, on February 23, 2010, the Defendant entered into a contract with C to take over all of the bus business (hereinafter “instant contract for the transfer of business”) and entered into a debt assumption agreement with Hyundai Savings Bank and C on April 1, 2010 (hereinafter “instant contract for the acceptance of debt”).

On February 2011, the Hyundai Savings Bank notified C, D, and E of the loss of profits by reason of delay in the payment of the instant loan obligations, seizure of real estate offered as security, commencement of compulsory execution, etc., and settled on July 29, 201 by assessing the value per share of the instant shares as the par value of KRW 10,000,000 in total, which is 875,240,000.

1) On November 9, 2012, Hyundai Savings Bank: (a) filed a lawsuit against C, D, and E to verify that “the shareholder rights of the instant shares are in the Hyundai Savings Bank; (b) C was awarded a favorable judgment as Seoul Southern District Court 2012Gahap10679, Nov. 9, 2012, by filing a lawsuit to verify the shareholder rights to the purport that “the transfer of the shareholder rights of the instant shares to the Hyundai Savings Bank is implemented on the shareholder’s list of the instant shares.” (c) The Plaintiff thereafter received a favorable judgment on the instant shares.

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