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(영문) 부산지방법원 2015.08.27 2014가합50657
주식(출자)지분추가근질권설정등
Text

1.For the bankrupt, Busan Savings Bank:

(a) Defendant A, B, C, and D are listed in the separate sheet (shares).

Reasons

1. Basic facts

A. The status of the parties 1) Busan Savings Bank Co., Ltd. (former trade name: Busan Mutual Savings Bank, Busan Mutual Savings Bank, hereinafter referred to as the “Incuba Savings Bank”).

(2) On August 16, 2012, the Plaintiff was declared bankrupt on August 16, 2012 by Busan District Court 201Hamhap4, and the Plaintiff was appointed as the bankruptcy trustee of the Busan Savings Bank on the same day. (2) On June 2006, the Busan Savings Bank planned the real estate development project for constructing G apartment (hereinafter “instant project”) in the FF column, and the Defendant E Co., Ltd (hereinafter “Defendant Co., Ltd”) was appointed as the executive agent to administer the instant project.

Total 5,000 shares of the Defendant Company are 500 shares, Defendant A is 1,500 shares, Defendant C is 1,500 shares, Defendant C is 1,500 shares, and Defendant D is 1,500 shares, and Defendant A is the representative director of the Defendant Company.

B. The Defendant Company entered into a credit transaction agreement and additional agreement with the Busan Savings Bank for the instant business on July 3, 2006, and borrowed 16 billion won from the Busan Savings Bank. Defendant A, B, C, and D (hereinafter “Defendant”)

2) In order to secure the above loan obligation, the Defendant Company agreed to set up a pledge on the total amount of 5,000 shares of the Defendant Company (hereinafter “instant pledge contract”) for the said loan obligation (hereinafter “instant pledge contract”).

(2) The Busan Savings Bank obtained a fixed date as of June 8, 2007 in the contract to establish a pledge right of this case, and the Defendant Company consented to the establishment of a pledge right of this case and the transfer of shares. Article 3(3) of the contract to establish a pledge right of this case additionally acquires shares (investment shares) due to additional holders of shares or any other reason, each developer shall provide shares (investment shares) as additional security and perform the procedure to establish a pledge right of this case.

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