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(영문) 서울중앙지방법원 2018.12.07 2018가단5127357
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s purchase of the instant shares 1) C Co., Ltd. (hereinafter “Nonindicted Company”).

D) 45,00 common shares issued by the non-party company (10,000 won per share; hereinafter “instant shares”) are non-listed corporations engaged in the sale, storage, transportation, incidental business, etc. of petroleum products, etc.

(2) As of December 21, 2012, the trustee in bankruptcy of the bankrupt E Co., Ltd. (hereinafter “Korea Deposit Insurance Corporation”) received an order to seize the instant shares on October 17, 201 for the execution of claims against D.

(Seoul District Court 201TTT 20030). Nonparty Company served with the above attachment order and notified D that D transferred the instant shares to F and G on September 20, 2011 and did not hold them any longer.

Korea Deposit Insurance Corporation filed a lawsuit against F and G seeking revocation of fraudulent act and restitution to its original state.

(F) On July 17, 2012, the court rendered a ruling of recommending reconciliation to the effect that “The transfer contract for the shares of this case is revoked, return it to D, and give notice to the non-party company,” and the ruling became final and conclusive as it is.

3) When the instant shares were returned to D, the Korea Deposit Insurance Corporation received an order to sell the instant shares on October 26, 2012 ( Daegu District Court 201TTTT2029). An enforcement officer of the Daegu District Court in the Daegu District Court H case initiated under the said order to sell the shares was requested by the Korea Deposit Insurance Corporation, and on October 2, 2013, an enforcement officer of the Daegu District Court accepted the request of the Korea Deposit Insurance Corporation, and on October 2, 2013, issued the instant shares to a certified

They requested evaluation according to the evaluation methods according to the Act.

Although the original J Accounting Corporation tried to request appraisal, the expected appraisal fee of KRW 16 million was low and simple appraisal method was proposed as above.

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