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1. Of the judgment of the court of first instance, the part against the defendant ordering performance exceeding the number of stocks to be fulfilled below.
Reasons
Basic Facts
The related defendant of the parties was established on August 24, 201 for the purpose of manufacturing, selling, wholesale and retail business, export and import business of cosmetics, medicine, etc.
The defendant assistant intervenor and L were employed as the representative director of the defendant on January 24, 2014.
Between the Defendant’s Intervenor and L, the following:
As seen in this paragraph, L was dismissed by the representative director on January 4, 2016.
At the time of the contract to establish a pledge right of shares by the Defendant’s issuance of shares and shares by each shareholder (as of September 4, 2015), the Defendant issued 2 billion won capital, and 500,000 common shares per share (as of September 4, 2015), respectively.
After that, on September 9, 2015, the Defendant issued 50,582 common shares with a face value of 50,000 won and additionally became 2,450,582 common shares, capital stock of 1,225,291,00 won. The Defendant issued 2,073,862 common shares with a face value of 500 won on October 1, 2015 and additionally became 4,524,44 shares, capital stock of 2,262,22,00 won.
As of September 1, 2015 as of September 4, 2015, as of September 1, 2015, Defendant’s Intervenor 1,200,00 1,225,291 2,262,222 D (L) 325,60 347,990 642,485 E (L) 296,910 296,910 296,910 296,910 548,177 F (L’s children) 296,910 296,910 548,177 G (L’s children) 140,050,050,050,570,570, 2509, 106, 306, 348, 296, 3048, 2946, 205
However, the defendant did not issue the share certificates until now with respect to the above shares.
Defendant Intervenor’s Intervenor and D Co., Ltd., Ltd., Ltd. (hereinafter “Lag Capital”) granted loans to J on September 4, 2015, setting loans of KRW 1 billion at one year of loan and eight point five percent per annum on September 4, 2015.
(hereinafter “instant loan agreement”). The Intervenor joining the Defendant and D shall be the Defendant on September 4, 2015, to secure the obligation of the J’s above loan.