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(영문) 창원지방법원 진주지원 2018.06.29 2017가단37412
주식명의개서 청구의 소
Text

1. As to each of the shares listed in the separate sheet to the Plaintiff, the Defendant shall be the Plaintiff’s name.

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) Plaintiff (former Mutual Savings Bank: Jinju Mutual Savings Bank) is a stock company B (hereinafter “B”) on May 18, 2007.

D Co., Ltd. (hereinafter referred to as “D”) holding C as security for the above loan obligation from C, the representative director of the said company, when concluding a loan agreement with the amount of loan limit of KRW 500 million.

(2) On July 21, 2010, the Defendant (E Co., Ltd.) entered into a merger agreement with D on July 21, 2010, changed its current trade name, and completed the merger registration on September 10, 201 through each general meeting of shareholders.

3) The Defendant allocated C’s shares listed in the separate sheet to the new shares in accordance with the merger ratio, and entered them in the name of C in the register of shareholders. However, C did not separately issue new shares. (4) On June 18, 2013, C acquired the Plaintiff’s loan obligations and its debtor’s status from B, and the said transfer of security agreement was maintained as it is. The Plaintiff consented thereto.

5 As the Plaintiff occupies the above D’s old sovereignty, the Plaintiff may request the Defendant to change the ownership by presenting the above old sovereignty without proof of substantive rights, as it comprehensively succeeded to D’s rights and obligations.

B. We examine the judgment, and since the defendant did not dispute the plaintiff's assertion in the pleading, it is deemed that the plaintiff's assertion was led to confession in accordance with Article 150 (1) of the Civil Procedure Act.

2. Accordingly, the defendant is obligated to implement the transfer procedure for changing the name of shareholder on the list of shareholders to the plaintiff as to the shares listed in the attached list. Thus, the plaintiff's claim of this case is justified.

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