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1. Defendant C, D, and E, according to the change of the Plaintiff’s respective claims against Defendant C, D, and E in this Court.
Reasons
1. Grounds for this part of the facts of recognition are stated in this part of the judgment of the court of first instance.
In addition to the addition of “Ma. E” as follows, the reasoning of the judgment of the court of first instance is as stated in paragraph (1). Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
“E. The Defendant Company does not issue stock certificates even after six months have passed since its establishment.”
2. The judgment of the defendant C, etc. as to the cause of the claim is examined as to the primary claim.
If share certificates have not been issued even after six months have passed since the incorporation of the company at the time of the agreement for stock transfer, which was made as the object of collateral security, the agreement shall have the effect as a collateral security for shares (see, e.g., Supreme Court Decision 93Da61338, Jul. 28, 1995). However, according to the above-mentioned facts, the defendant company did not issue share certificates even after six months have passed since its establishment, and the defendant C, etc. agreed with the plaintiff to prepare a written contract for stock transfer and a written contract for share transfer as collateral for the above shares and to transfer the shares to the plaintiff, and to cooperate in the transfer procedure by changing the name of shareholders on the register of shareholders as to the above shares to the plaintiff. Thus, it can be deemed that the defendant C, etc. and the plaintiff established a share transfer security agreement for the shares of this case (hereinafter “instant
(In the case of a contract to establish a pledge of shares, the content of the contract and the fact that the contract was made together with the above shares transfer contract, etc. Therefore, the defendant C, etc. is obligated to transfer the rights of the shares of this case to the plaintiff upon the execution of the procedure for establishing a security right to transfer shares in accordance with the transfer security agreement of this case. However, the share certificates for the shares of this case have not been issued.