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(영문) 수원지방법원 성남지원 2018.05.16 2017가단202417

주권인도 청구의 소

Text

1. The defendant shall receive KRW 500,000,000 from the plaintiff, and at the same time, shall be stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On December 31, 2013, the Defendant, who was the representative director of the Co., Ltd. (hereinafter “Nonindicted Company”), was in the situation where the Nonparty Company’s bankruptcy was imminent and the Nonparty Company should make a short-term financing up to 10:00 on January 2, 2014.

B. On January 1, 2014, the Plaintiff, as a broker, lent to the Defendant a short-term fund of KRW 130 million from January 2, 2014 to January 15, 2014, with interest 1.3 million from January 2, 2014 to January 15, 2014.

C. In order to secure the above loan, on January 2, 2014, the Defendant prepared a notarial deed with respect to promissory notes issued by the non-party company, the face value of which is KRW 195 million, and transferred 152,22,400, which the non-party company held against E, to the non-party company.

Furthermore, on January 2, 2014, the Plaintiff’s share acquisition agreement with the Defendant and Nonparty Company’s 200,000 common shares owned by the Defendant to be transferred to KRW 300 million in price (hereinafter “instant share transfer agreement”) as stated in Paragraph (1) of the same Article (hereinafter “instant share transfer agreement”).

(2) On the other hand, the Defendant concluded a stock trust agreement (hereinafter “instant second stock transfer agreement”) with the content that the Defendant would transfer 200,000 shares of registered common shares to KRW 500 million.

1) Article 2 of the First Stock Transfer Agreement of this case [stocks subject to transfer] ① The Defendant legitimately owns 200,000 common shares (in a face value of 500 won per share) registered common shares of the non-party company to the Plaintiff, etc. as of the contract date, and makes statements and guarantees. ② The Defendant transfers 20,000 common shares (hereinafter “stocks subject to transfer”) to the Plaintiff, etc.