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(영문) 대전고등법원 2015.11.25 2014나2103

주식명의변경절차 이행

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff succeeding intervenor and the defendant are listed in the annexed list.

Reasons

1. Facts of recognition;

A. B holds 30,600 common shares issued by D as the representative director of D Co., Ltd. (hereinafter “D”), and the Defendant holds 29,400 common shares (the same as the shares in the attached list; hereinafter “instant shares”) as D’s internal directors.

B. D: (a) The Plaintiff, on the ground that the Plaintiff subrogated to E for the purpose of reducing organic waste and fertilizering business, incurred KRW 100,000,000,000, which was invested by Nonparty E, due to the Plaintiff’s loss of KRW 70,000,000 on the wind to urgently dispose of real estate for the purpose of raising the amount of subrogated payment; (b) the Plaintiff agreed to pay KRW 150,000,000 to the Plaintiff by June 31, 2013; and (c) the Plaintiff paid KRW 170,00,000,000 to the Plaintiff on September 30, 2013 (hereinafter “the instant performance note”). < Amended by Act No. 11870, Mar. 28, 2013>

C. At the same time, B and the Defendant offered each of the above shares owned by D as collateral for the above KRW 170,000,000 to the Plaintiff, and agreed to transfer the shares to the Plaintiff if D violated the terms agreed to the Plaintiff, and issued to the Plaintiff on March 28, 2013 a written consent to transfer of business rights (hereinafter “instant consent”).

After that, D and B prepared a notarial deed to the effect that, until June 31, 2013, 150,000,000 won and 20,000,000 won cannot be repaid until September 30, 2013, the Plaintiff issued to the Plaintiff on March 29, 2013.

E. However, D did not pay to the Plaintiff KRW 170,000,000 until the date of payment on the instant written statement of performance.

F. On January 6, 2005, the Plaintiff’s succeeding intervenor acquired all claims against the Plaintiff regarding the instant shares under the said transfer agreement. On February 12, 2015, the Plaintiff notified the Defendant of the assignment of claims by content-certified mail.