beta
(영문) 서울중앙지방법원 2015.11.19 2015가합539777

주주지위부존재확인의 소

Text

1. It is confirmed that the defendant does not have the shareholder status against the plaintiffs.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. (1) around 2007, D, the representative director of the plaintiffs, concluded a share pledge contract with respect to 51,000 shares of the plaintiff A Co., Ltd. (hereinafter "the plaintiff A") owned by himself/herself in order to secure the debt of the loan, and issued share certificates and delivered them to Sammi Construction Co., Ltd.

(2) Around 2008, D created a pledge on the Plaintiff 1’s 70,000 shares owned by D and issued a share certificate in order to secure its obligation by obtaining a loan from KB Investment Securities Co., Ltd. (the trade name before the change: Hannuri Investment Securities Co., Ltd.) and HMF Investment Securities Co., Ltd. (the trade name before the change), and issued a share certificate in order to secure its obligation. At the time of the extension of the loan agreement at around 2009, D created a pledge on the 14,00 shares owned by D and issued a share certificate.

(3) Around 2008, D obtained a loan from the Plaintiff Company B (the trade name before the change: hereinafter “Plaintiff B”), and issued and issued the share certificates by establishing a pledge on Plaintiff B’s 60,000 shares, which were owned by D, in order to secure its obligation. Around 2009, D issued and issued the share certificates by establishing a pledge on Plaintiff B’s 30,000 shares, which were owned by the Plaintiff Company B (the trade name before the change: E; hereinafter “Plaintiff B”).

(4) On May 4, 2009, D concealed the fact that the shares of this case were offered as security, and provided as security for 84,000 shares of Plaintiff 1 and Plaintiff 2’s shares as security for transfer, and borrowed KRW 3 billion from the Defendant.

(5) D, as the Seoul High Court Decision 2011Gohap546, Seoul High Court Decision 2013No3647, supra, was delivered KRW 3 billion as borrowed money.