(영문) 서울중앙지방법원 2018.04.05 2017가단5197311

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(영문) 서울중앙지방법원 2018.04.05 2017가단5197311

주주지위확인 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D offered a number of shares owned by it as collateral to secure a loan obligation exceeding 10 billion won owed to the Plaintiff. During that process, on July 21, 2010, a non-party company’s common share shares issued under the name of E were offered to the Plaintiff as collateral for transfer.

B. However, at the time, D had already offered 10,00 shares of the non-party company to the Defendant as collateral for transfer in order to secure the obligation, such as a loan of KRW 5.5 billion to the Defendant.

C. After becoming aware of the fact that the non-party company offered 10,00 shares of the non-party company to both the defendant and the plaintiff as double security, F, which had been practically managing the defendant and entered into a transactional relationship with the plaintiff, demanded the plaintiff to divide the security in proportion to the amount of claims against both the original defendant and the plaintiff regarding the above shares. On February 25, 2011, the plaintiff who accepted the demand of F, prepared a first priority transfer security agreement (Evidence A No. 4) between the defendant and the non-party company's 10,00 shares of 2,942 shares of the non-party company (hereinafter "the shares of this case") between the defendant and the non-party company's 10,00 shares as collateral for the defendant's claim.

(hereinafter referred to as the "instant contract") d.

After F’s death on June 4, 2013, the Plaintiff requested a transfer of title to the shares of the non-party company, which was held as collateral for transfer. During the review of the documents submitted by the Plaintiff, the non-party company confirmed the instant contract with the purport that the transfer of the Plaintiff’s security right to the shares of this case would be made to the Defendant, and on July 1, 2013, the transfer of title to the shares of this case 2,942 shares out of D’s 10,00 shares on the shareholder registry was made under the name of the Defendant, and only the remaining 7,058 shares were transferred to the Plaintiff

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