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(영문) 서울고등법원 2017.06.15 2016나2069681

주식양도담보권 설정통지 이행

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1. The request of the Defendants’ assistant intervenor to intervene shall be dismissed.

2. All appeals by the Defendants are dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiffs are financial institutions and C Co., Ltd. (hereinafter “C”).

(2) The supplementary intervenor was established on March 16, 199 as a company established on March 16, 199, and issued 50,000 ordinary shares, and the share certificates were not issued. The main purpose of which is the sales business of steel scrap, etc., Defendant A is the office of audit and inspection E, and Defendant B is the office of representative director D. 2) The supplementary intervenor issued 50,000 common shares.

B. On July 18, 2013, the Plaintiffs entered into a loan agreement with C to provide the Plaintiffs with a total of KRW 7 billion (3.5 billion per annum, interest rate of KRW 8% per annum, interest rate of KRW 25% per annum, and payment period of KRW 3.5 billion on July 23, 2015, and each of KRW 3.5 billion on July 23, 2013. (2) C provided the Plaintiffs with 10,000 tons listed in C’s open-air storage to secure the above loan obligation, and provided a security interest for transfer, and maintained at least 10,000 tons of the Iron, which has been provided as a collateral, as a joint and several debt of CD.

C. (1) From October 2013, C violated the sales claim maintenance agreement stipulated in the above loan agreement, and disposed of scoo-boo-boo-boo, which was offered as security for transfer, and its inventory was excessive to 1,176 tons on November 21, 2013. Accordingly, the Plaintiffs demanded C to provide additional security for the above loan claim. (2) On the E’s request on November 21, 2013, Defendant A, who is the position of C’s auditor E of the above loan claim, signed his seal on the share transfer certificate (No. 5-1) stating that he will provide the shares listed in paragraph (1) of the attached Table, which is the shares issued by the assisting intervenor, as security for transfer, as security for transfer, to the Plaintiffs.