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(영문) 서울고등법원 2016.09.22 2015나2067206
주주지위확인등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The party status 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”)

The purpose of this project is to develop real estate, sell, lease, etc., and the Gangdong-gu Seoul Metropolitan Government New Project (hereinafter referred to as the “instant Project”).

(2) From December 18, 2012, Defendant B served as a director or a joint representative director of the Defendant Company and served as a sole representative director of the Defendant Company from January 16, 2014, and the Plaintiff is as follows.

A person who receives a security loan, such as paragraph (1), provides funds to Defendant B and takes over part of the shares of Defendant Company.

B. The loan of this case and the Plaintiff’s acquisition of the Plaintiff’s shares in the Defendant Company 1) appears to have no ability to raise funds on their own. The Defendant Company F (hereinafter “F”) is deemed to have no capacity to raise funds.

(2) While the Plaintiff planned to take over the instant business by acquiring the shares of the Defendant Company owned by it, the Plaintiff and the Plaintiff agreed to provide the Plaintiff’s real estate as collateral and loan the Plaintiff’s name from the financial institution to Defendant B to provide financial support. Accordingly, the Plaintiff offered real estate owned by the Plaintiff and the Plaintiff’s family members as collateral to the Suhyup Bank and received a total of KRW 2.85 billion from the Suhyup Bank in the name of the Plaintiff’s father (hereinafter “instant loan”).

2) The Plaintiff and the Plaintiff agreed to transfer 20% of the shares issued by the Defendant Company and the right of management of the said shares to the Plaintiff and the Plaintiff’s designated entity in return for the Plaintiff’s investment for the instant business at the same time as the Plaintiff secured the shares of the Defendant Company (hereinafter “G”).

Accordingly, G on December 4, 2012, with respect to 2,000 shares of the Defendant Company that was acquired between the Plaintiff and F, and 2,000 shares of the Defendant Company that were acquired between the Plaintiff and F.

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