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1. It is confirmed that the Defendant, at the temporary shareholders’ meeting on January 31, 2017, has no resolution indicated in the separate sheet.
2...
Reasons
1. Facts of recognition;
A. The defendant is a company established on May 23, 1997 for the purpose of a maritime tourist hotel business, etc., and the total number of issued and outstanding shares is 190,000 shares (10,000 shares per share) and its capital is 1.9 billion won.
B. In accordance with a credit transaction agreement concluded with P.S. T. H., I, and J, the Defendant’s shareholders at the time when it was jointly and severally and severally guaranteed by P.S., the Defendant borrowed a total of KRW 2.774 billion from the mutual savings bank on April 11, 1998, KRW 80 million on December 28, 1998, and KRW 2.274 billion on December 28, 1998, and KRW 80 million on December 28, 1998.
C. At the time of the conclusion of the above credit transaction agreement, H, 27,000 shares out of the Defendant’s total 190,000 shares were owned by H, 135,00 shares of 190 shares as the Defendant’s representative director, H, 27,000 shares, and 28,000 shares. A mutual savings bank entered into a share transfer agreement and pledge agreement with H, I, and J to acquire shares of 10,00 shares out of H’s shares in order to secure the above loan claim, 45,00 shares out of H’s shares, 27,000 shares, and 28,00 shares owned by J’s shares, and was delivered by H, I, and J.
Plaintiff
A and B accepted 90,00 shares of the Defendant from H on January 31, 2006 (each of 45,000 shares), and the Plaintiff D and the Nonparty K purchased 45,00 shares of the Defendant from H on February 6, 2006 (Plaintiff D25,000 shares, and K 20,00 shares).
Since then, K, A, B, and D transferred shareholders' change to the Defendant, and H notified the Defendant of each of the above shares transfer with the content certification on July 13, 2007.
E. On August 19, 2008, Plaintiff A, B, D, and K filed a lawsuit against the mutual savings bank to verify the ownership of the shares of 45,000 shares out of the H shares transferred to the mutual savings bank by Busan District Court 2008Gahap1532, which were transferred to the mutual savings bank. The said court held that the mutual savings bank possessing the share certificates as the mortgagee is the same.