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(영문) 서울고등법원 2018.08.16 2018나2010164
근저당권말소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 13, 2017, Defendant (hereinafter “Defendant”) was established for the purpose of manufacturing business, such as plastic machinery and automation equipment, etc., regardless of whether it was before or after the change of the trade name, and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) was established for the purpose of manufacturing business, etc., such as plastic machinery and automation equipment, and the registration of the trade name was completed as “C” on December 12, 2012; hereinafter in this case, “C” refers to “C” regardless of whether it was before or after the change of the trade name) is a stock company established for the purpose of manufacturing and selling sand location panel and building materials, etc.

그리고 원고는 토목건축공사업 등을 목적으로 설립된 주식회사이다.

B. Around July 2012, E, one of the shareholders of the Defendant representative director and the Dispute Resolution Co., Ltd., as a “seller representative”, entered into a sales contract with F with the effect that (i) the entire shares issued by the Plaintiff to the Dispute Resolution Co., Ltd. (10,000 shares) were transferred to F; and (ii) the effect that the Plaintiff Co., Ltd should acquire the Defendant’s inventory assets (hereinafter “instant acquisition of management rights”).

C. The instant management right acquisition agreement was drafted as of August 23, 2012, approximately one month after the date of the actual contract due to the loan, etc., and the main contents thereof are as follows.

Article 5 of the above contract provides that “Buyers shall set up the right to collateral security of KRW 250,00,000 with the maximum debt amount of KRW 250,000 to the Defendant, and that the obligor of the pertinent right to collateral security shall also become a joint and several surety for the buyer” under the contract. The Plaintiff signed and sealed the management right of this case as a joint and several surety upon the request of G G (the Plaintiff’s representative director H and money) with F at the time of the transfer of

【Contract for Acquisition of Management Right of this case】

1. The stock transfer price of the LAC shall be 15,000 won per share;

(10,000 note 】 15,000 = 150,000,000

2. The time of transfer shall be the end of the month the national bank loans are implemented in accordance with the guarantee of the Korea Technology Finance Corporation.

The Bank of Bankruptcy C.

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