주주권확인
1. Of the judgment of the court of first instance, the part on the claim for confirmation of the shareholder's rights against the defendant corporation B is revoked.
1. Basic facts
A. On October 30, 2007, Defendant B Co., Ltd. (hereinafter “Defendant B”) is an executor established for the purpose of acquiring and selling the same-sex-dong C building in China (hereinafter “instant building”) (hereinafter “instant project”).
At the time of the establishment of Defendant B, the Plaintiff owned 100% (5,000 shares) of the interest and shares issued by the representative director.
B. Defendant B (hereinafter “Defendant Woori Bank”) on December 20, 2007, on December 20, 2007, entered into a loan agreement for the project financing (PF) of this case.
(B) As to the business funds of this case between Defendant B and the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance”).
(1) 150 billion won, a national bank (hereinafter referred to as “national bank”)
each of the loans of KRW 380 billion (hereinafter “each of the loans of this case”) from 230 billion to 380 billion.
(1) In the event that Defendant B fails to repay each of the above loans within one year, the agreement shall be made to acquire each of the loans of this case from the Life Insurance and National Bank of Korea (hereinafter referred to as the “Business Agreement”).
(2) At the time, the Plaintiff and D, a joint representative director, as well as Defendant B’s shareholder, jointly and severally guaranteed each of the instant loans, and set up a pledge on the instant shares owned by them. (2) Defendant B was granted loans from the National Bank on December 20, 2007, in accordance with each of the instant loans and the instant business agreement, KRW 150 billion, and KRW 230 billion from the Korea Life Insurance on January 30, 2008, respectively.
On September 9, 2009, the Plaintiff and D agreed to set up a pledge on the shares of this case as a security for the repayment of each of the loans of this case to the Korea Life Insurance and National Bank.
3) The instant building is the E Limited Liability Corporation located in China (hereinafter “E”).
The ownership was the instant building at the time of each of the instant loans.