주주권 확인 등
1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff's claim against Defendant B is so revoked.
1. Facts recognized;
A. (1) The Plaintiff is a corporation established around September 201, and the representative director in the corporate register is E, and in-house directors are F and G.
On December 5, 2016, the Plaintiff was deemed dissolved pursuant to Article 520-2(1) of the Commercial Act.
(2) On August 28, 2012, H Co., Ltd., Ltd., a credit business company F and G jointly operated (in the case of a company for convenience purposes, the portion of the company’s name, which is the “stock company,” among the following) lent KRW 500,000 to I under the D’s guarantee on August 28, 201, ② KRW 1,500,000,000 to I under the joint and several guarantee of J (I’s representative director), D and Defendant B, and ③ on February 5, 2013, Defendant B lent KRW 500,000 to D under the guarantee of Defendant B.
(3) Under the consent of G and E, F entered into an agreement with K, the Chairperson of D, with respect to the monetary transaction described in paragraph (2) of May 27, 2013 (hereinafter “instant bonds transfer security agreement”), as follows (hereinafter “instant bonds transfer security agreement”).
SECTION 1 (Purpose of the Agreement) K shall prepare this Agreement in order to meet KRW 2,00,000,000 in total, together with the accounts payable and interest on bonds borrowed to F as of the date of the conclusion of this Agreement.
Article 2 (Contents of Agreement)
1.K shall verify that as of the date of the conclusion of this Agreement, the debt amount of KRW 2,00,000,000 is aggregated with the debt payable and interest payable to F.
2.K shall provide F with the credit amount of KRW 2,00,000,000,000 to D holding by L Company as a collateral for a corporation designated by F.
3. K will transfer its name under the responsibility of K to a corporate plaintiff (F temporary business agent) designated by K for the F’s convenience in order to provide F with the bonds 2,00,000,000,000 that L Company will receive for D, and will proceed through a separate agreement at the time of sale of its future bonds.
4. If the F disposes of any bonds referred to in subparagraphs 2 through 3 of this Article in the middle of them, K shall cooperate in the disposal of such bonds.
Provided, That the value of disposition shall be determined at a smooth price through mutual consultation.
5.F. Security.