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1. Defendant B expressed his intent to transfer the shares listed in the separate sheet to the Plaintiff, and Defendant C Co., Ltd.
Reasons
1. Facts of recognition;
A. On January 22, 2015, Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd”) borrowed the payment period to the Plaintiff on August 30, 2015, with the interest set at 25% per annum, and 300 million won per annum. Defendant B and D jointly and severally guaranteed the payment period.
B. Around April 2015, Defendant B entered into a share transfer agreement with the Plaintiff and the Defendant Company to transfer the shares listed in the separate sheet (hereinafter “instant shares”) in order to secure the obligation to borrow a loan amount of KRW 45 million against the Plaintiff, and the Defendant Company consented to the transfer of shares by Defendant B.
[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 3, and the purport of the whole pleadings
2. Even if shares are transferred for the purpose of securing a claim security with respect to the cause of the claim and the transferee is merely a mortgagee, the mortgagee is qualified as a shareholder in relation to the company.
(See Supreme Court Decision 93Da8719 delivered on December 28, 1993, etc.). According to the above findings, Defendant B is obligated to express its intent to transfer shares to the Plaintiff and notify the Defendant Company of the transfer of shares. The Defendant Company is obligated to implement the transfer procedure to change the name of shareholders on the register of shareholders to the Plaintiff.
3. In conclusion, the plaintiff's claim against the defendants shall be accepted in its entirety on the grounds of its reasoning, and it is so decided as per Disposition.