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(영문) 청주지방법원 2019.05.31 2018가합3165
주주명부명의개서 이행청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a corporation established for the purpose of soil and sand, reinforced concrete business, etc.

Defendant C (hereinafter “Defendant C”) is a corporation established for the purpose of civil engineering and construction work. Defendant B is the actual owner of Nonparty D Co., Ltd. (hereinafter “D”) and the shareholder of the Defendant Co., Ltd.

B. On July 1, 2007, the Plaintiff’s main debt and Defendant B’s guaranteed debt incurred to the Plaintiff (i.e., the Plaintiff’s main debt and the Plaintiff’s guaranteed debt)’s golf course business for the construction of the social welfare facilities of the members of the Young-gu E, Young-gu, Young-gu, Incheon-si, which was promoted under Defendant B’s name (hereinafter “instant business”).

(1) lend 9,590,000,000 for investment purpose in connection with the loan (hereinafter “instant loan”).

(2) On July 12, 2007, D entered into a joint venture agreement with the Plaintiff on December 15, 2009 that provides the Plaintiff with the interest rate of 5% per annum on the instant loan, and the date of repayment shall be determined through consultation with the Plaintiff and D, and at the latest, the Plaintiff and D entered into a joint venture agreement on July 31, 2009. (2) In order to secure the instant loan claim, D entered into a joint venture agreement with the content that provides nearby real estate owned by D as collateral to the Plaintiff on July 12, 2007. At that time, D performed the procedures for the establishment of a mortgage with the content of KRW 12,467,000 for the Plaintiff, the maximum debt amount, the Plaintiff

(hereinafter referred to as “the establishment registration of the instant neighboring mortgage”). 3D repaid only KRW 1,900,000,000 until July 31, 2009, on the date of the final repayment of the instant loan.

Accordingly, the Plaintiff and Defendant B agreed to settle the instant loan on September 21, 2009, and the remaining claims amounted to KRW 7,929,053,385, and the date of repayment until July 31, 2010. In the event of delay, the Plaintiff and Defendant B agreed to pay damages for delay of 20% per annum, and entered into a loan agreement with the principal obligor as D and the joint guarantor as Defendant B, and on the same day, a notary public was in accordance with the G Law Firm Certificate.

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