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(영문) 수원지방법원성남지원 2016.01.15 2015가단209148
근저당권말소
Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant shall make a regional court of Suwon-nam Branch on January 2, 2014.

Reasons

1. The facts following the facts of recognition do not conflict between the parties, or each statement of Gap evidence Nos. 1 through 9 (including branch numbers if there are serial numbers; hereinafter the same shall apply), each financial transaction submission order to the president of the court, the president of the national bank of this court, and the president of the enterprise, can be acknowledged by taking into account the whole purport of pleadings as a result of the order to provide taxation information on the Gwangju City market, and the statement of Eul evidence Nos. 1 through 5 alone is insufficient to reverse the recognition.

1) The non-party C, a supplier of plant facilities, from April 200 to May 2014, 201, is the defendant and related persons, and the non-party C, a corporation (hereinafter “D”).

(2) Around May 2000, Nonparty E entered into D and took overall charge of financial affairs, such as the management of the said company, such as general affairs, personnel affairs, accounts, and fund management, while serving as the representative director, and the director of the financial team from around 2007 to June 2012, 2012, and the director of the financial team from around 2007 to around May 2014 to around 2014.

3) The Defendant, as D’s staff, worked as a managing director in around 2013. (b) On April 12, 2006, the Plaintiff transferred D’s 81,303 shares to C in KRW 3,414,726,00, and KRW 15,574 shares in KRW 654,108,00, respectively, to E, and completed C and E without receiving payment of shares from C and E.

2) On August 20, 2013, the Plaintiff filed a lawsuit against Nonparty C, E, and D seeking compensation for damages with the Suwon District Court Branch (2013Gahap101703). On December 12, 2014, the said court recognized that, around December 12, 2014, C and E deposited the share price to be paid to the Plaintiff under the said share transfer contract into the Plaintiff’s account managed by C and E, and, while being kept for the Plaintiff, they arbitrarily committed joint tort by embezzlement totaling KRW 1,892,30,000, out of the share price, while being kept for the Plaintiff.

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