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1. Defendant D Co., Ltd., Defendant B’s shares listed in the separate sheet No. 1, and Defendant C’s shares listed in the separate sheet No. 2.
Reasons
1. Basic facts
A. On February 3, 2015, the Plaintiff entered into a loan agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”) to lend KRW 500,000,000 to Defendant D; Defendant D repaid the Plaintiff the principal amount of KRW 250,00,000 until May 2, 2015; and Defendant D paid the Plaintiff the principal amount of KRW 250,000,000 and the interest on the said loan amount of KRW 300,000,000 by September 2, 2016.
(hereinafter referred to as “instant loan for consumption”). B.
At the time of the loan agreement for consumption, the Plaintiff and the Defendant D agreed that, at the time of the contract for the loan for consumption, Defendant D prepared a share transfer contract for the entire shares of the company and offered them as security to the Plaintiff, and if the Plaintiff failed to pay KRW 250,000,000 by May 2, 2015, the transfer procedure for the shares offered as security will be implemented. However, the Plaintiff agreed to repay the principal and interest of the loan in full and
C. On February 3, 2015, the Plaintiff paid KRW 500,000 to Defendant D’s account. D.
On February 3, 2015, Defendant B prepared and delivered a written contract to transfer the shares listed in attached Table 1 to the Plaintiff, and Defendant C also prepared and delivered a written contract to transfer the shares listed in attached Table 2 to the Plaintiff on February 3, 2015.
E. Defendant D did not pay the Plaintiff KRW 250,000,000 by May 2, 2015, and not only did so, but also did not repay some of the instant loans until now.
F. Meanwhile, Defendant D did not issue share certificates.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including additional number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s claim is that Defendant B and C are obligated to deliver each of the shares listed in the separate sheet of shares on the ground of security for transfer to the Plaintiff. In preparation for the case where Defendant B and C have sought the primary share certificates, and the preemptive share certificates have not been issued.