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1. All of the counterclaim claims filed by the counterclaim Defendant are dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
Reasons
1. Facts of recognition;
A. The counter-defendants 1) invested 25% of their respective shares (the face value of 40,327,500 Russia) together with C and D in around 2004, and newly construct and operate E hotel in Russia-Sussia, a Russia Corporation, for the purpose of operating E hotel in Russia-Sussia, (hereinafter “F”).
2) On the other hand, the Lessee is an asset management company of the Kusoman Investment Trust 1 Fund (hereinafter “the Fund”), which is an investment trust-type indirect investment fund established under the former Act on Business of Operating Indirect Investment and Assets, and the National Bank of Korea (hereinafter “National Bank”) is the trustee company of the Fund.
B. G’s loan to G and secured L120, Inc., Ltd. (hereinafter “G”) are companies established with D’s investment, and G received a project financing loan of KRW 40 billion from the instant fund. D, as a security for the said loan, established a pledge on its own F portion, and F, at the same time, created a mortgage on the E hotel and its site (value 49,479,000,000) owned by F in order to secure the joint and several liability.
Since then G was omitted in default.
C. D’s unlawful transfer and recovery of the shares and the first agreement between the counterclaim and the counterclaim Defendant 1) On the other hand, D forged the signature of the counterclaim Defendant around 2006 and transferred F’s F shares under the name of D or C. The counterclaim Defendant filed a complaint with the prosecutor, filed a lawsuit against D against R, and won a lawsuit against R, and entered F shares in the registry in the name of the counterclaim Defendant to withdraw and purchase F shares in the name of the counterclaim Defendant. 2) On October 30, 2009, the counterclaim Defendant and the counterclaim Defendant withdraw the complaint and lawsuit against D, and issued the power of delegation to H, who is the employee of the counterclaim, as the right of share holder.