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(영문) 대구고등법원 2019.11.29 2019나22358
주주권확인 등
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Judgment of the court of first instance No. 2.

Reasons

Basic Facts

Defendant H Co., Ltd. (hereinafter “Defendant H”) is a company that engages in the business of providing information on auction real estate through the Internet website to provide information on auction to its members and collect information usage fees, such as subscription fees.

Co-defendant G of the first instance trial is the former part of I and the representative director of Defendant H at present, and the co-defendant C of the first instance trial and D are the children of I.

Defendant E is the former part of the I (former G's sibling), and Defendant F is the wife of I (the wife of the above C).

J Co., Ltd. (hereinafter referred to as the “J”) and K Co., Ltd. (hereinafter referred to as the “K”) are substantially operating as a company engaging in the sale and purchase of non-performing loans and investment business by financial institutions.

The plaintiffs are companies that purchased the right to collateral security from K.

Defendant H’s establishment and shareholder change, Nonparty H Co., Ltd. (hereinafter “H Co., Ltd.”) changed its trade name from “H Co., Ltd.” to “H Co., Ltd.” on January 5, 2005, and on August 30, 2007, the company whose trade name was changed to “L” again, Defendant H and a separate company (hereinafter “Nonindicted Co., Ltd”) was Defendant H. and M, the representative director and the representative director, drafted “stock certificates and asset sales contract” with G on August 13, 2007.

The main content is that M sells to G the entire shares of the non-party company in KRW 65 million and tangible and intangible property in KRW 2.175 million, but G acquires the debt of the non-party company in the purchase price, KRW 1.425 billion in the purchase price, and KRW 200 million in the contract date, and KRW 550 million in the balance shall be paid by August 30, 2007.

(2) On August 20, 2007, M shall cancel the share purchase and sale part of the asset sales contract of this case, but G shall establish a new corporation (H corporation) and have it acquire the assets of the non-party company and have it acquire the assets of the non-party company.

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