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(영문) 서울중앙지방법원 2015.06.04 2014가합565915
주권인도 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Status 1) E is F Co., Ltd. (hereinafter “F”).

) The Plaintiff was the shareholder and the vice president of the Republic of Korea. Plaintiff A was denied, and Plaintiff B was the shareholder and the representative director of the F.

3) G is the father of H, and D is the denial of H. B. E and H’s agreement 1) E drafted on April 16, 2014 the following agreements (hereinafter “instant agreement”).

(1) H shall return all the shares acquired by G under a contract entered into between Defendant C and G, to Defendant C.

(Article 1. (2) H shall require Defendant C to submit a resignation letter of directors appointed by G at the temporary general meeting of shareholders on November 2013.

(3) H is to terminate provisional attachment of No. 102, 102, 3501, F, Seoul Jung-gu I building owned by E;

(3) (4) H shall withdraw the action filed by F against E in the damages claim No. 2014Gahap12107.

(3) As of March 14, 2014, the Plaintiffs, as of March 14, 2014, sold the real estate indicated in the attached Table 3 to Defendant D for a purchase price of KRW 2.7 billion between Defendant D and the Plaintiffs, as of March 14, 2014, prepared a real estate sales contract with the purport that Defendant D will take over the secured debt 1,496,700,000 of the secured mortgage, which was established on the said real estate. [Grounds for recognition] There is no dispute over the existence of any dispute, the evidence No. 1, No. 2, and No. 3 (each entry, including a separate number), and the purport of the entire pleadings.

2. The plaintiffs' assertion C borrowed KRW 1.2 billion from G and offered the F shares owned by them as security.

Afterwards, G ASEAN, acting as a representative of G, threatened E with signing documents stating that “E would incur property damage to F while working in F,” and “E shall make such intimidation.”

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