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(영문) 창원지방법원통영지원 2015.12.03 2015가합10703

주권인도청구

Text

1. The defendant shall deliver to the plaintiff the share certificates listed in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. 1) A Co., Ltd. (hereinafter “B”).

(C) A Co., Ltd. (the former trade name was “D,” but the trade name was changed on February 23, 201 as above.

hereinafter referred to as “C”

(B) The shares issued by C were owned 25,000 shares, and upon request from C for issuance of share certificates, share certificates listed in the [Attachment] List against C on April 24, 2007, as to the above 25,000 shares (which were issued in the name of D, a trade name before the modification).

hereinafter referred to as “instant share certificates”).

(2) On May 18, 200, C’s 25,000 shares held by B were divided from KRW 10,00 to KRW 500 per share on May 18, 2007, and C was converted to a total of 500,000 shares. On October 17, 2013, C was merged into D Co., Ltd. (hereinafter “D”) and was newly issued 1,768,370 shares due to the above 50,00 shares merger.

(B) As of August 19, 2013, the list of shareholders of D as of August 19, 2013 entered B’s shares as shareholders holding BD shares. (B) The Plaintiff lent KRW 2,290,000,000 to F Co., Ltd. (hereinafter “F”), which is the affiliate company of B (hereinafter “F”), and as of June 1, 2007, B jointly and severally guaranteed the above loan obligations for F.

After the resolution of the board of directors on September 3, 2007, B prepared a letter of stock transfer stating that the Plaintiff may dispose of the instant shares without the consent of B (hereinafter “instant transfer security agreement”) with the purport that B may dispose of the instant shares if B fails to repay KRW 2,290,000,000 to the Plaintiff by September 12, 2007.

2. B On September 20, 2007, the instant shares were resolved by the board of directors to the Plaintiff.