logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.20 2016나2037899
주주지위확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. 1) Hyundai Savings Bank Co., Ltd. (former trade name prior to the amendment: Dae Young Mutual Savings Bank, Inc., and hereinafter referred to as “On-the-spot Savings Bank”)

(2) On February 18, 2010, the Defendant entered into a credit transaction agreement with the Defendant and loans worth KRW 8 billion (hereinafter “instant loans”).

2) As security for the instant loan, Hyundai Savings Bank concluded a transfer security agreement with C Co., Ltd. (hereinafter “C”) and D on the shares issued by the Defendant as follows:

(A) On February 18, 2010, Hyundai Savings Bank concluded a transfer security agreement with D and D equivalent to approximately 44.99% of the Defendant’s outstanding shares, 39,993 shareholders’ e, F, G, and H4. However, at the time of the Defendant’s shareholder registry, D and D indicated that the said 39,993 shareholders’ e, F, G, and H 4 were four shareholders. However, D transferred 39,93 shares to D and submitted 39,93 shares to Hyundai Savings Bank with the verification source that “each Defendant’s shares are beneficial shareholders” (D 39,993 shares) and submitted 30,000 shares to Hyundai Savings Bank with the certificate of personal seal impression, which was transferred to C and Hyundai Savings Bank with the same 30,571 shares transferred to C and Hyundai Savings Bank on March 39, 2010.

The defendant affixed a seal to the above transfer security contract in the position of confirmation.

C) At the time of the conclusion of each of the above contracts for transfer by security D and C, each written statement dated March 9, 2010, which included the promise of “to be a legitimate shareholder of each of the above shares offered as security for transfer and not exercising voting rights to each of the shares,” and submitted it to the Hyundai Savings Bank. 3) The Defendant issued shares.

arrow