(영문) 서울중앙지방법원 2017.01.25 2015가단5326306

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(영문) 서울중앙지방법원 2017.01.25 2015가단5326306

주식 명의개서 청구의 소

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1. As to the shares listed in paragraph (2) of the attached list to the Plaintiff, the Defendant is the Plaintiff’s name.

Reasons

1. Basic facts

A. On March 12, 2013, the Plaintiff loaned the Defendant Company (Representative C) totaling KRW 900 million, the due date for repayment was May 12, 2013, and the interest was set at 4% per month, and C and D guaranteed the Defendant Company’s obligation to the Plaintiff.

B. In addition, C/D granted the Plaintiff the right to enter each of the shares listed in the separate sheet (hereinafter “instant shares”) against the Defendant Company in the event that the Defendant Company fails to repay the above loans (hereinafter “the instant loans”) at around that time, and accordingly, written a transfer certificate with the purport that the Plaintiff would not raise any objection to the Plaintiff’s acquisition of the instant shares, and a written consent of disposition with the purport that the Plaintiff would dispose of the instant shares, and that the Defendant Company would provide necessary cooperation.

(hereinafter referred to as the "transfer agreement of this case") with the Plaintiff, C, and D based on the above transfer certificate and written consent of disposition.

However, the defendant company failed to repay the above loans.

Defendant Company was established on July 11, 200, the total number of shares issued by Defendant Company was KRW 10,000, capital was KRW 50,000, and KRW 7,500, among them at the time of the instant transfer agreement, Category C, 2,500, among them was owned by Category D, and the shares of Defendant Company were non-issued shares.

E. A conciliation was concluded that the Defendant Company and C filed a claim suit, such as a loan (Seoul Central District Court 2012Kahap63538) against the Defendant Company and C, and that “Plaintiff (E),” C transferred 1,000 registered ordinary shares issued by the Defendant Company, and notified the Defendant Company of the transfer of the said shares, and the Defendant Company shall implement the transfer of the said shares.”

F. F. The Seoul Central District Court 2013Kahap77817, Seoul High Court 201.

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