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1. Defendant B shall deliver to the Plaintiff the share certificates listed in the separate sheet.
2. Defendant C shall be attached to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in credit business, and Defendant C (hereinafter “Defendant Company”) is a company that engages in real estate development and is the representative director of the Defendant Company B.
B. 1) Defendant B, around 201, acquired a business site and developed and sold apartment units to the Plaintiff around the year 201 (hereinafter “instant business”).
(2) Around July 2011, the Plaintiff entered into a loan agreement with the Defendant Company to lend money within the limit of KRW 2.5 billion with the instant business funds (hereinafter “the first loan agreement”) at the Defendant Company’s request, and entered into a contract to establish a pledge of shares with respect to the shares issued by the Defendant Company to secure this agreement, and Defendant B jointly and severally guaranteed the first loan agreement.
In addition, the Plaintiff entered into a separate contract for the purchase of the Defendant Company’s shares from the Defendant B (hereinafter “the first contract for the purchase of shares”).
Since then, the amount of the loan limit under the first loan agreement was changed to 3 billion won.
3) The first sales contract for shares of Defendant B transferred to the Plaintiff the entire amount of the shares of Defendant Company owned by Defendant B at par value. If Defendant B offered to the Plaintiff 100,000 shares of Defendant Company (50%) and allocated shares to the Plaintiff, then the sales contract for shares was revoked, and the Plaintiff allocated to the Plaintiff all new shares issued in compliance with such conditions. 4) On July 2013, 2013, the Plaintiff transferred the Plaintiff’s principal claim amounting to KRW 480,000,000 (hereinafter “D”) out of the above loans against the Defendant Company, which is part of the Plaintiff’s affiliate to the Plaintiff Company. D acquired 96,00 shares from the Defendant Company.