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(영문) 대구지방법원 2018.05.24 2016가합207120
채권양도무효확인등
Text

1. The plaintiff's claim for cancellation of the registration of establishment of a mortgage against the defendant C shall be dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The purpose of the E Co., Ltd. (hereinafter “E”) is to newly construct a temple (I) and to install and sell a charnel house (hereinafter “the instant charnel house”) on the land (hereinafter “instant land”), Gyeong-gun, Gyeong-gun, etc., and Defendant B is the person who is the representative director of E from May 25, 2012 until now, and Defendant C is the wife of Defendant B.

B. On November 2, 2006, the Plaintiff entered into a contract with E to manufacture and supply 912 million won for payment to E, and G jointly and severally guaranteed the payment of the price.

However, E paid only KRW 157 million to the Plaintiff, and did not pay the remainder KRW 750 million to the Plaintiff.

C. On December 1, 2008, Defendant B entered into a contract with G and G for the acquisition of 50% of shares in the list of G and G (a charnel; hereinafter “the instant charnel”).

The plaintiff was above B.

In relation to Paragraph B, G and E’s lawsuit seeking payment of the remainder of the supply price and the amount of damages equivalent to the price (this Court 2012Gahap3368) against the directors of E, G and E was sentenced on October 26, 2012 by this Court to the effect that “E, F and G shall jointly and severally pay to the Plaintiff the amount of KRW 755 million and the amount of money calculated at the rate of 20% per annum from July 15, 2012 to the date of full payment,” and the above judgment was finalized.

E. On November 13, 2012, Defendant B entered into a contract with the Plaintiff to transfer 10% of the shares in the aggregate transferred from G to the Plaintiff (hereinafter “instant contract for the transfer of shares”). On the same day, the Plaintiff entered into a contract with the Defendant B, who represented the Defendant C, to transfer KRW 750 million to E (hereinafter “instant contract for the transfer of shares”).

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