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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a corporation that runs automobile transportation business, etc.
B. On February 18, 2010, Hyundai Savings Bank Co., Ltd. (hereinafter “Modern Savings Bank”) concluded a credit transaction agreement with the Defendant on February 18, 2010, and concluded a security transfer agreement with C Co., Ltd. (hereinafter “C”) and D on the part of its security for the lending of KRW 8 billion (hereinafter “instant loan”).
[hereinafter 87,524 shares offered by D and C as security for transfer (D 39,93 shares C 47,531 shares)] The defendant issued a total of 88,875 shares at the time, and the same holds at present.
1) On February 18, 2010, Hyundai Savings Bank entered into a security agreement with D, the Defendant’s representative director, for approximately 44.99% of the Defendant’s outstanding shares. At the time, the Defendant’s register of shareholders entered the said 39,993 shareholders into a security agreement with 39,93 shareholders, namely, E, F, G, and H4. However, D, upon obtaining a certificate of personal seal from 4 persons such as the above E, submitted it to Hyundai Savings Bank with the confirmation source that “D’s total amount of 39,93 shares of each Defendant is identified as beneficial shareholder.” 2) On March 9, 2010, Hyundai Savings Bank entered into a security agreement with C, approximately 531% of the Defendant’s outstanding shares, which is approximately 53.48% of the Defendant’s outstanding shares, and specifically transferred 47,532 shares to Hyundai Savings Bank, which is transferred on March 13, 2015.
The defendant affixed a seal to the above transfer security contract in the position of confirmation.
3. D and C at the time of the conclusion of each of the above contracts for security for transfer. There is a promise to “to be a legitimate shareholder of each of the above shares offered as security for transfer and not exercising voting rights for each of the shares” on March 2010.