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1. The issuance of new shares with 140,000 common shares per par value of 10,000 won per March 24, 2016 by the Defendant is null and void.
2...
Reasons
1. Basic facts
A. The Plaintiff’s acquisition of security interest in the transfer of shares 1) Franchi Mutual Savings Bank Co., Ltd. (hereinafter “Fungchi Mutual Savings Bank”).
) From February 17, 2010 to December 27, 2010, the Defendant extended a total of KRW 20.7 billion to the Defendant, and to secure this, the Defendant’s shareholders, C, D, E and the Defendant’s common shares 35,000 shares (C19,286 shares, D8,571 shares, E7,143 shares, and hereinafter “instant shares”).
(2) On September 19, 2014, the Defendant issued a written undertaking to verify whether the instant shares were non-issued shares, and (3) on September 19, 2014, the Defendant sold the bonds to the F Co., Ltd. (hereinafter “F”) with respect to the principal amount of KRW 5,689,064,736 and interest 6,010,010,492,683 (total amount of KRW 11,69,57,419) (total amount of KRW 11,69,57,419) to the F Co., Ltd. (hereinafter “F”), and transferred the security interest in the instant shares together.
on November 25, 2014, the Green Mutual Savings Bank notified the Defendant of the assignment of the above assignment of claims.
3) The F Company G Co., Ltd. (hereinafter “G”) on September 17, 2015
(4) On February 26, 2016, the Plaintiff merged G on February 26, 2016 and acquired 35,000 shares issued by the Defendant as security by absorbing the instant loan claim, interest claim, etc.
(70%) b) equity ratio.
F of the process of filing a lawsuit against the Defendant for the transfer of a title holder against the Defendant, requested the transfer of a title holder on November 27, 2014, but the Defendant rejected the request.
Accordingly, F has filed a lawsuit against the defendant for the transfer of a title, and received the Seoul Central District Court's judgment on August 13, 2015 (Seoul Central District Court 2014 Gohap591723), and G succeeds to the lawsuit after acquiring the loan claim of this case and participating in the lawsuit while the appeal is pending, and the Seoul High Court has won the judgment.