대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and thus, it is consistent with the reasoning of the court of first instance, except for the dismissal of some of the judgment of the court of first instance as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the
“Ch. 10,000,000 on October 25, 2007” in the second instance judgment of the first instance court from 10-11.
Part 7 of the first instance judgment "C. Judgment" (Articles 7- 3 through 8-9) is as follows:
“B.(1) Transfer of shares before the issuance of share certificates shall take effect only by the declaration of intention of the parties in accordance with the general principles concerning the transfer of nominative claims.
Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 11, 12, 13, and 14, the defendant may recognize the fact that on December 12, 2006, the defendant delivered to the plaintiff 75,000 common share shares of FF corporation (hereinafter "the shares of this case") with the defendant's certificate of personal seal impression issued by the defendant himself on the same day as the share acquisition agreement, and there is no evidence to prove that the defendant specified the explicit conditions or deadline for taking effect of the transfer of shares of this case at the time.
Therefore, since the Defendant transferred the instant shares to the Plaintiff on December 12, 2006, and the Plaintiff acquired them, it would be deemed that the Defendant performed the duty of transferring the instant shares.
2. There is no evidence suggesting that there is no restriction on the transfer of shares in the articles of incorporation of the FF stock company, and the transfer of shares in the register of shareholders is only a requisite for setting up against the transferee to exercise the shareholder’s rights in relation to the company. Therefore, barring any special circumstance, a transferee of shares prior to the issuance of share certificates may solely file a claim for the transfer of shares against the company by proving that he/she acquired shares without the need for the transferor’s cooperation.