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1. Of the instant lawsuit, the part of the Plaintiffs’ claim for confirmation of shareholder status is dismissed.
2. The defendant is the defendant against the plaintiff A.
Reasons
Basic Facts
On January 17, 2000, the defendant was designated as the project implementer of the E business under Articles 7 and 18 of the Industrial Sites and Development Act (hereinafter "the instant business") by the Gyeonggi-do Governor on November 14, 2005 as a company established for the development of mines and the sale of by-products, etc.
Meanwhile, the total number of shares issued by the Defendant as of October 16, 2014 is 730,500 shares (the face value per share) and share certificates were not issued.
F, G, H, and I (hereinafter “Defendant’s previous shareholders”) are shareholders who, at the time, held 15,00 shares, 7,500 shares, 10,000 shares, and 698,00 shares, respectively.
On December 26, 2006, the Defendant borrowed 12 billion won from the Korean Bank Co., Ltd. (hereinafter “Korea Bank”), and completed the registration of creation of a neighboring mortgage with the Defendant, the maximum debt amount of KRW 14.4 billion, and the maximum debt amount of KRW 40 million on January 12, 2009, borrowed 40 million from the Korean Bank, and completed the registration of creation of a neighboring mortgage with the Defendant, the maximum debt amount of KRW 400 million on the instant real estate.
(hereinafter collectively referred to as “instant loan”). When the Defendant delayed the payment of interest on the instant loan, us bank received a decision to commence a voluntary auction as to the instant real estate on February 23, 2012.
(K) On April 29, 2012, our bank, including the preparation of a written agreement between the Defendant and the former shareholders and the 16th special purpose company, transferred its claim for the instant loan to a limited-liability company specializing in the 16th securitization (hereinafter “16th special purpose company”).
The Defendant, the previous shareholders, and the 16th special purpose company agreed to guarantee and guarantee the performance of the total amount of KRW 17,590,934,233 of the principal and interest of the instant loans, which was finalized until October 16, 2014, as of October 16, 2014.
No. 50,00.