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1. As to the shares listed in the attached list to the Plaintiff, the Defendant’s name as a shareholder in the name of the Defendant’s Intervenor.
Reasons
1. The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1 to 5 (including each number; hereinafter the same shall apply), Gap evidence 7, 8, Eul evidence 5 and the purport of the whole pleadings:
The defendant is an enterprise that runs route passenger transport business in the old-American area, and the plaintiff is a person who served as a director or representative director of the defendant from February 11, 2008 to January 6, 201.
B. The Defendant’s list of shareholders from February 11, 2008 to February 20, 2012 is as follows:
16,184 40.46% H 15,600 39.00% I 4,216 10.54% J 4,00 10.0% 10.00%
C. On October 30, 2009, the Plaintiff received a loan of KRW 550 million from Osung Mutual Savings Bank (hereinafter “Osung Mutual Savings Bank”), and offered as security the Defendant’s shares 20,400 shares owned by the Plaintiff and the Plaintiff’s spouse (hereinafter “the instant secured shares”), and the Defendant jointly and severally guaranteed the above loan obligations.
In relation to the above loans, the plaintiff and I prepared and delivered a pledge contract, a written request for registration of pledge, a written consent to voluntary disposition and a certificate of stock transfer to Osung Mutual Savings Bank. The main contents of the case are as follows
[Pledge Contract] Article 5 (Disposition, etc. of Collateral) (1) If it is necessary to perform the obligation due to the arrival of the time limit for the secured obligation or the loss of time limit due to the occurrence of the secured obligation, the obligee may set off the obligation in accordance with Article 9 of the Basic Terms and Conditions for Credit Transactions by a mutual savings bank if the collateral is a deposit or other obligation.
(2) If it is difficult to dispose of collateral in accordance with legal procedures or if it is deemed that there is a reasonable ground to obstruct the preservation of claims, the creditor shall dispose of it.