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(영문) 서울중앙지방법원 2016.11.10 2015가단5091426
주주권확인등의소
Text

1. The defendant changes the name of the shareholder in the list of the defendant to D with respect to the shares listed in the attached list.

Reasons

1. Facts of recognition;

A. On March 21, 2012, the Plaintiff lent 400 million won interest at interest rate of 4.85% per annum, at least 5 million won monthly repayment, and at least two years from the date of the loan, to E Co., Ltd. (the representative D, the non-party company) for a fixed period of two years from the date of loan. On May 4, 2012, the Plaintiff loaned 5.2% interest per annum, at least five million won monthly repayment, and at least two years from the date of loan.

(hereinafter referred to as each of the loans in this case).

However, the minimum monthly repayment was not made with respect to each of the above loans, and D was bound by the suspicion of fraud, etc. around June 2012.

Since then, even though the repayment period for each of the above loans has expired, the repayment of the loan was not made.

C. Meanwhile, D had the Plaintiff filed a complaint by fraud, etc. on April 5, 2013, issued each of the following promissory notes with respect to the repayment of each of the above loans to the Plaintiff on April 5, 2013, and written each of the notarial deeds on each of the bills.

(hereinafter) Each of the Promissory Notes of this case (hereinafter referred to as "each of the Promissory Notes of this case"). (i) KRW 100 million on January 31, 2014, the due date, the place of payment, and the place of payment, Seoul Metropolitan Government F, Dongjak-gu Seoul Metropolitan Government F, and one Promissory Notes of the Plaintiff, the date of payment, KRW 100 million on March 31, 2014, the place of payment, the place of payment, the Seoul Metropolitan Government F, the Dongjak-gu Seoul Metropolitan Government F, the place of payment, and one Promissory Notes of the Plaintiff of the date of payment, KRW 100 million on June 30, 2014, KRW 100,000 on June 30, 2014, the place of payment, the place of payment, the place of payment, the place of payment, and the place of payment, the place of payment, the place of payment, the place of payment, and the addressee of the Promissory Notes of this case.

D. At the time of establishment on March 25, 2013, the Defendant issued a total of 50,000 shares of non-registered common shares (one share price of KRW 1,000). Of them, the Defendant held 40% of GGa, 30% of H, and 30% of the remainder in the name of the Defendant’s Intervenor (title trust) as his mother.

Although the defendant joining the defendant denies the above title trust, he denies Eul.

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