1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Basic Facts

On December 6, 1995, Korea-Japan Bank Co., Ltd. borrowed funds to C Co., Ltd. under joint and several sureties’s joint and several sureties’s payment order against the Plaintiff, and the above loan claims were transferred in sequence from Korea-Japan Bank to the Plaintiff via the Korea-Japan Limited Co., Ltd. and the Korea LLBS Specialized Co., Ltd.

On September 11, 2007, the Plaintiff issued a payment order (Seoul Southern District Court 2007 tea14129) which ordered the payment of KRW 3,091,763,522 against B and damages for delay thereon, and became final and conclusive on September 29, 2007.

After that, B filed a lawsuit of demurrer against the plaintiff on December 20, 2013 (Seoul Southern District Court 2013Gahap7906) but rendered a favorable judgment (Seoul Southern District Court 2013Gahap7906). On November 28, 2014, the appellate court rendered a judgment dismissing B's claim after cancelling the above judgment (Seoul High Court 2014Na6475), and the appeal against this was dismissed on April 9, 2015, and the appellate judgment became final and conclusive.

(Supreme Court Decision 2015Da229). B, such as the change of the Defendant’s shares and executive officers, acquired 5,100 shares, 2,500 shares, 2,400 shares, and 2,400 shares, each of which was established on December 14, 1999 in the name of his/her father D, his/her wife E, and former wife F, and F was appointed as the representative director, D, and E.

On December 11, 2009, the representative director of the defendant was changed to D.

B filed a lawsuit against the Defendant, D, and E seeking confirmation of the shareholder's rights of the Defendant's shares and performance of the transfer of the shareholder's rights on the ground of termination of title trust, and received a favorable judgment on July 12, 2013.

(Seoul Northern District Court 2012Kadan17094). F entered into a share transfer contract between B and B on August 7, 2013 with a price of KRW 20 million for the entire shares of the Defendant. On August 29, 2013, B filed a lawsuit claiming transfer of shares against B and obtained a favorable judgment on November 15, 2013 (Seoul Northern District Court 2013Da33239) (Seoul Northern District Court 2013Da3239). The judgment became final and conclusive on December 5, 2013.

F.F.