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(영문) 창원지방법원 2019.09.26 2018가합56445
채무부존재확인
Text

1. The defendant,

A. As to each real estate listed in the separate sheet No. 1 list to the Plaintiff Limited Company A, the Plaintiff Limited Company B.

Reasons

1. Facts recognized;

A. F, G, H, I, J, and K (hereinafter “F, etc.”) made an agreement in preparation for the following cases (hereinafter “instant agreement”) with a person who was an executive officer or employee of a non-party company D (hereinafter “non-party company”); on March 5, 2012, a L corporation taking over the non-party company (hereinafter “L”) and a non-party company (hereinafter “non-party company”) were indicted or sentenced to a fine in relation to accounting issues arising in the process of acquisition of the non-party company (hereinafter “instant agreement”).

B. The main contents of the instant agreement are as follows: ① When the non-party company is sentenced to a fine, the F et al. shall jointly and severally pay the amount equivalent to the fine (hereinafter “instant agreed amount”) to the non-party company within thirty (30) days from the date the judgment became final and conclusive; ② the non-party company’s share 1340,000 shares of the non-party company held by M, N, andO (hereinafter “instant share”) to secure the above agreed amount (hereinafter “instant pledge”); ③ the Plaintiff limited liability company (hereinafter “the non-party company”) shall set up a pledge right for the non-party company (hereinafter “instant pledge right”); and ③ the Plaintiff limited liability company (hereinafter “the non-party company”) on each real estate listed in the separate list No. 2 list; the Plaintiff shall set up a collateral security right with the maximum debt amount as 6.3 billion won to the non-party company (hereinafter “the collateral security right”) and ④ the duration of the said pledge right and the right to collateral security right shall be 300 days from the date the judgment becomes final and conclusive for the non

C. According to the agreement of this case, with respect to each real estate listed in the separate sheet No. 1, Plaintiff B completed the registration of creation of a neighboring mortgage on June 29, 2012, the Changwon District Court No. 43454, which was received on June 29, 2012 (hereinafter “the registration of creation of a neighboring mortgage”) with respect to each real estate listed in the separate sheet No. 1, and Plaintiff C completed the registration of creation of a neighboring mortgage on each real estate listed in the separate sheet No. 3, the maximum debt amount is KRW 6.3 billion, the debtor F, etc.

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