주식질권설정계약 무효확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. 1) Defendant C is the E Co., Ltd. (hereinafter “E”) established on June 22, 2010 for the purpose of wind power generation projects, etc.
Defendant B is the representative director of Defendant B, and the Plaintiff is the internal director of Defendant B. Defendant B’s punishment. (2) Defendant D is the pledgee who entered into a share pledge contract with respect to each of the shares listed in the separate sheet owned by Defendant B and C (hereinafter collectively referred to as “each of the shares of this case”) around June 2015.
B. From the time when E’s shareholder change was established, the details of shareholder change on the register of shareholders are as follows:
E has not issued share certificates with respect to the issued stocks since its establishment.
Total number of shares issued on the shareholder registry on June 22, 201: Defendant B (181,000 shares) on June 22, 2010, Defendant C (89,000 shares) (30,000 shares) on October 18, 2011, Defendant C (89,000 shares) H (30,000 shares) (30,000 shares) on June 17, 2012
C. 1) On August 7, 2013, I loaned KRW 130,00,000 to E as of February 25, 2015, at the rate of 15% per annum. 2) The Plaintiff, Defendant B, and C jointly and severally guaranteed the above loan obligation, and Defendant B and C offered each of the instant shares as security.
(hereinafter the foregoing security agreement is referred to as “the primary pledge contract”). D.
(1) On August 22, 2012, Defendant D entered into an investment agreement that invests KRW 300,000,000 in E and J development projects. (2) around June 2015, Defendant D entered into a share pledge agreement that establishes a pledge on each of the instant shares (hereinafter “second share pledge agreement”) with Defendant B and C as of August 7, 2013.
3) Defendant D was issued a seizure order against each of the instant shares by the Jeju District Court on June 8, 2015 (2015TTT) (No. 3048) / [Grounds for recognition] without dispute, and Party A (including the serial number; hereinafter the same shall apply)
Eul evidence 3, 6, 9, 27, 10 to 13, Eul evidence, Eul 1.