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(영문) 서울중앙지방법원 2019.10.18 2018가합568547
양수금
Text

1. The Defendant’s KRW 5,920,328,880 among the Plaintiff and KRW 2,212,260,477 among the Plaintiff, shall be from April 23, 2016, and KRW 3,708,068.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) entered into a credit transaction agreement on September 20, 2007 with the credit limit of KRW 25 billion (2.49 billion thereafter) for the Plaintiff and for the instant canal wells business (hereinafter “other canal wells loan”) and the credit limit of KRW 100 billion (4.5 billion thereafter) for apartment construction business in order to promote the business of constructing and supplying 72 households and apartment houses in the land secured for recompense for development of development outlay located in Daejeon Seo-gu, Daejeon (hereinafter “C”).

B. C owned 1,637,712 common shares of the Defendant. However, the Defendant passed a resolution on the cash dividend for the profit of the business year 2008 at a general meeting of shareholders held on March 26, 2009, and notified C of “the dividend amount of KRW 5,920,328,880 as the liquidity fund is secured” (hereinafter “instant dividend”).

C. On June 24, 2010, C requested the Plaintiff to transfer the instant dividend claim (hereinafter “transfer of claim”) and pay the instant dividend to the Defendant, in order to secure the obligation owed to the Plaintiff under the aforementioned credit transaction agreement.

On June 30, 2010, the Plaintiff sent a content-certified mail to notify the Defendant that the instant dividend claim should be paid since the Plaintiff acquired it from C. D.

On January 18, 2011, Daejeon District Court attached the instant dividend claim (the claimed amount of KRW 1,231,219,170) and the notice of attachment of the claim was served on the Defendant on January 19, 2011.

F Co., Ltd. received the decision of provisional seizure of shares against the Defendant’s shares held by C (the claimed amount of KRW 5,648, 163,580), and the original copy of the decision of provisional seizure was served on August 5, 2011 to the Defendant.

G Co., Ltd. also received the decision of provisional seizure of shares against the defendant's shares held by C (the claimed amount of KRW 3,275,631,507), and the original copy of the decision of provisional seizure is the original copy of the decision of provisional seizure.

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