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(영문) 수원지방법원여주지원 2016.08.09 2015가단22320
주주명부명의개서이행
Text

1. Defendant B, as to 18,00 common shares (e.g., face value: 5,000 won) of common shares, takes the transfer procedure under the name of the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 15, 2007, the Plaintiff received 18,000 shares out of 48,00 shares of Defendant B Co., Ltd. (the date of November 6, 2003 and the trade name before the change on March 12, 2015: hereinafter “Defendant Co., Ltd.”) for the purpose of securing the instant shares (the face value per share: 5,000 shares; hereinafter “instant shares”). The Defendant Co., Ltd. transferred the Plaintiff as a shareholder of the instant shares at that time.

B. D around June 26, 2007, with a view to securing its obligation against the Korea Development Bank, the Korea Development Bank, the Korea Development Bank, the Gag Capital and the Gag Capital Co., Ltd., established a pledge (hereinafter “instant pledge”) on the 48,000 shares of the Defendant Co., Ltd., including the shares of this case, which were owned by the said creditors, and D, on the same day, submitted to the said creditors a written consent (this evidence No. 2; hereinafter “instant written consent”) with the purport that D would allow the disposal of the said shares of this case, and would not object to the transfer procedure for exercising the security right, etc.

The consent of this case is written with the fixed date of the Incheon District Court.

C. Around August 18, 2009, the Defendant Company notified D of the purport that the above shares were forfeited, since the Defendant Company acquired 48,000 shares including the instant shares in accordance with the Commercial Act by exercising the instant pledge upon D around August 18, 200.

Around June 13, 2011, the Defendant Company requested D to submit a copy of the share donation contract as to whether the shares were donated under the statement of changes in stocks, etc. submitted at the time of the corporate tax return for the business year 2009.

Accordingly, the defendant company "the defendant company" on August 17, 2009.

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