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(영문) 서울고등법원 2018.12.13 2018나2022020
영업자지위확인
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for this part of this Court’s reasoning is as follows, and this part of the reasoning for the judgment of the court of first instance is the same as that for “1. Basic Facts” and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the second and fifth "the letter of this case (referring to all business rights, equipment, buildings, etc.)" shall be as follows:

The term "Seoul Gangdong-gu Seoul Metropolitan Government business rights, equipment, buildings, etc. are all together with E Synaro before the change or 2nd underground floor D Synae.

hereinafter referred to as the "Sariland of this case"

“”

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff borrowed KRW 500 million from the Defendant to take over the instant friendship.

In order to monitor the repayment of the Plaintiff’s debt, the Defendant entered into the first agreement with the intent to participate in the instant friendship or the management.

The first registered titleholder of the instant private letter that the Plaintiff accepted was “the Plaintiff’s side corporation,” but became “the Defendant.”

If the above-mentioned friendship or the registered titleholder was the Plaintiff as the Plaintiff’s juristic person, the security for the above-mentioned KRW 500 million credit was “participation in the management of private credit or business” or “monitoring and intervention in the management.” However, as long as the registered titleholder became a “Defendant”, the security for the above-mentioned KRW 500 million credit was added to the real estate of this case.

Such legal relations constitute a security contract under the Provisional Registration Security Act (hereinafter “Provisional Registration Security Act”), and thus, the defendant is obligated to pay to the plaintiff 2,906,630,249 won and damages for delay, which are the remainder of the amount obtained by deducting the total amount of loans from the value of private loan of this case, which is real property for security purpose, pursuant to Article 4 of the Provisional Registration Security Act.

(see, e.g., an application for correction and supplement of the purport of the claim made on October 17, 2018).

Judgment

The plaintiff submitted.

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