logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2016.04.28 2015가단33843
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that on September 10, 2008, when the plaintiff decided to exchange the shares of the defendant with D and E or to take over the shares of F Co., Ltd. owned by the defendant, on September 10, 2008, the plaintiff paid 1.942 billion won (610 million won in land and buildings, 1.3 billion won in machinery, 1.3 billion won in debts) and 1.3 billion won in capital (50 million won in real estate loans to Nonghyup and 80 million won in facilities loans) to the defendant on the basis that the debt owed to the shareholders of the above company was KRW 7.69 billion in capital balance sheet, and adjusted the balance of the above company's share purchase and sale amount to KRW 1.3 billion in capital (the balance of the above company's share purchase and sale of KRW 1.3 billion in capital until the date of the above company's purchase and sale of shares (the share transfer registration to the plaintiff).

At the time, 200 million won of the remaining stock purchase and sale amount was agreed to be paid at the time of the completion of the lawsuit for claiming the price of machinery between G that supplied the above machinery and equipment. On May 22, 2009, even though the judgment of the above case was rendered on August 22, 2009, the Defendant, who appointed the legal representative of the above case, did not give a judgment to the Plaintiff, and the Defendant did not make a decision to the court on August 28, 2009, and the Defendant’s actual payment to G was merely 6.3 billion won, and the obligation of the shareholder loan was not reflected in the Defendant’s embezzlement of 6.45 million won out of the funds of the above company.

At the time of the purchase and sale of shares, based on the current status of assets and liabilities on the balance sheet provided by the defendant, the amount of redemption for the purchase and sale of shares and the amount of redemption for the shareholders' loans was determined.

arrow