(영문) 서울중앙지방법원 2019.04.04 2017가합580014

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(영문) 서울중앙지방법원 2019.04.04 2017가합580014

주주지위확인 및 명의개서청구

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On February 24, 2017, Defendant E Co., Ltd. (hereinafter “Defendant E”) borrowed KRW 1 billion from F and G as of May 24, 2017. The Plaintiff and H jointly and severally guaranteed Defendant E’s above loan obligation.

(2) As of April 9, 2017, a part of the above borrowed amount was repaid, and the borrowed amount of KRW 565,00,000 remains as of April 9, 201. The Plaintiffs jointly and severally guaranteed the remainder of the borrowed amount (hereinafter “the debt of this case”). Plaintiff A transferred 120,200 shares of Defendant D Co., Ltd. (hereinafter “Defendant D”), Plaintiff B transferred 460,600 shares of Defendant D’s own shares, and 50 shares of Defendant E’s shares (hereinafter “each shares of this case”) to Defendant C, respectively.

(hereinafter “each share transfer contract of this case.” According to each share transfer contract of this case, the Plaintiff determined that the shares of 120,200 won for Defendant D’s 60,100,000 won for each share (500 won per share) and the shares of 260,400 won for Defendant D’s shares owned by the Plaintiff B shall be transferred to each Defendant C, and the rights and obligations of each of the shares and shareholders shall be transferred to the Defendant C, the transferee.

On the other hand, the defendant C agreed to return each of the shares of this case to the plaintiffs on the same condition when full repayment of the debt of this case is made.

(3) Each of the shares of this case is shares whose shares were not issued within six months after the incorporation of the company, and the defendant C completed the transfer procedure of each of the shares of this case pursuant to each of the shares transfer contracts of this case.

B. On April 25, 2017, Plaintiff A and H, to prepare a notarial deed of promissory notes, have a promissory note as of May 24, 2017, with a face value of KRW 615 billion, and the due date for payment, as of May 24, 2017, with a face value of KRW 615 billion, to repay the debt borrowed in this case.

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