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(영문) 서울고등법원 2016.01.21 2015나2018020
주권발행등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1 Status of the Parties A (formerly: Company E) is a mutual savings bank that runs the business of receiving credit installment savings, deposits, and installment savings, and is a stock company F (hereinafter “F”).

A) Real estate development company is a company operating real estate development business, and B is a company operating a public golf course establishment and operation business, and both of these companies were substantially controlled by I, the president of A until 2012. 2) The Defendant is a company established for the purpose of engaging in broadcasting business and cultural service business on April 7, 201, in which Dong Daily Co., Ltd. (hereinafter “Dong Daily”) was selected as a general channel user business.

B. A’s credit loans to F entered into a credit transaction agreement with F on April 6, 201, which was 23 billion won per annum, 10% per annum, and April 6, 2012, and extended 21 billion won to F on the same day.

C. On July 27, 2012, F entered into a contract with F to transfer 1.2 million shares (ordinary shares, 5,000 won per share, hereinafter “instant shares”) issued by the Defendant to repay a loan of KRW 2.3 billion, and notified the Defendant of the fact that the said shares were transferred to A on the same day by content-certified mail.

A (1) On April 30, 2013, A was declared bankrupt by the Seoul Central District Court 2013Hahap54, and on the same day, the Plaintiff was appointed as the bankruptcy trustee. (2) On November 16, 2012, B filed an application for commencing rehabilitation procedures with the Daejeon District Court 2012 Gohap39, and was decided to commence rehabilitation procedures with the above court on December 26, 2012. On the same day, C’s representative director was appointed as the custodian of B, and resigned on October 16, 2014. On the same day, D was appointed as a new custodian and taken over the instant lawsuit as the Defendant Intervenor.

After that, on October 13, 2015.

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