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(영문) 서울고등법원(춘천) 2016.07.06 2015나804

약정금

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts

A. 1) The status of Plaintiff Japan’s shares held by C, D, E, F, G, and Plaintiff (hereinafter “Plaintiff”)

(A) H, I, J, K, L (hereinafter referred to as “H day”)

M, N,O, P (hereinafter referred to as “M”)

Q Co., Ltd. (A) was merged with R on September 30, 201;

" Q" hereinafter referred to as " Q

2) The term “R” and “R” (hereinafter referred to as “R”)

(2) Plaintiff Daily, H Daily, Mila et al. were the major shareholders.

paragraphs (c) and (c)

The status of shares held at the time of the establishment of a pledge of shares as referred to in paragraph (1) shall be as listed in the following table:

[The share structure of Q] The shareholder of the Plaintiff H Day 56,00 42,000 42,000 140,000 140,000 30% 30% 30% 100% / 100% (R’s share structure) of the total number of shares held by the minority shareholders of H M M 268,478 62,336 54,827 42,827 42,00 74,005 497,733% 53.9% 12.5% 11.04% 14.9% 14.9%

B. Establishment of a pledge right on R Shares 1) S Co., Ltd. (hereinafter “S”).

(C) On December 14, 2007, U.S. Co., Ltd. (hereinafter referred to as “U”) in which C is the representative director.

In the process, the Plaintiff’s day (the total number of shares offered as security) acquired the private equity bonds of KRW 9 billion. [The number of shares held as security] The Plaintiff’s day set up a pledge right in S with respect to KRW 62,3649,228,288,087 149,6512) of the total number of shares held by the Plaintiff’s day in M in the process, Plaintiff’s day, H day, and M, as set out below, to secure the obligation owed by U to S.

3. Article 7 of the neighboring pledge agreement entered into between Plaintiff Il-il, H, and M as a collateral by offering the shares of the R as above, which is concluded with S, is due to the arrival of the time limit, when U is required to discharge the secured obligation, the pledge holder may execute this case.

If this sub-pledge can be effected, the sub-pledge shall dispose of the shares of this sub-pledge in such manner, time, price and so on as are reasonably reasonable and shall pay the secured obligation.