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(영문) 대전지방법원 천안지원 2018.11.30 2017가합101983

명의개서절차이행 등 청구의 소

Text

1. Defendant B Co., Ltd.: Defendant C’s name 208,000 shares indicated in the attached Table to the Plaintiff; and Defendant D’s name 83.

Reasons

1. Basic facts

A. Status 1) Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”).

In order to develop real estate and lease business, etc., the company established around March 2002, the defendant C is the representative director of the defendant company or the registered director of the defendant company, and the defendant D is the defendant C's wife and is the registered director of the defendant company. 2) The statement of changes in stocks, etc. in 2004 is written that the defendant C owns 208,000 shares of the defendant company, E is 6,000 shares, and the defendant D owns 86,00 shares of the defendant company.

B. On April 6, 2006, the Plaintiff, etc. 1), on April 6, 2006, lent 4 billion won to the Defendant Company under the pretext of the underwriting agreement agreement agreement amount, which is located in Seosan City, on April 30, 2006, to the Defendant Company, as of April 30, 2006, and 5 of Defendant C, D, etc., including H, who was the representative director of the Defendant Company, guaranteed this. 2) In this case, the Defendant Company and 5 of the said guarantor issued a promissory note amounting to 6 billion won on April 30, 2006, which was the date of the payment of the Plaintiff, and issued it as notarized by the I Notaries Office No. 1483. 1483.

3) On April 6, 2006, Defendant Company and Defendant C issued to the Plaintiff a power of attorney to delegate to the Plaintiff all the management rights of the Defendant Company and all the rights of the Defendant Company and all the rights of the Defendant Company to transfer and take over the Defendant Company with respect to the loan certificate. (c) Defendant C was in bankruptcy around August 2006, and Defendant C, the representative director of the Defendant Company, at the time of the Defendant Company, escaped to the Philippines without paying the above loan money, and was detained by emergency arrest under suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Fraud), which was filed by the Plaintiff in relation to the unpaid repayment of the loan amount of KRW 4 billion, while returning to the airport on March 19, 2011.

2. At the time of borrowing KRW 4 billion from the Plaintiff on June 28, 2011, Defendant C had an intention to use it for any other purpose, other than the underwriting deposit of theG, and the actual difference.