1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Facts of recognition;

A. On December 29, 2015, the Plaintiff and the co-defendant B of the first instance court (hereinafter the above co-defendants referred to as “B” and “non-party company,” and collectively referred to as “B, etc.”) who were concurrently the representative director of the Defendant and the co-defendant C corporation of the first instance court determined the due date for repayment of KRW 150,000,000 as of May 10, 2016.

B. Around that time, the Plaintiff and B agreed to transfer 22% of the Defendant’s shares, including 17% of the Defendant’s shares owned by the Nonparty Company and 5% of the Defendant’s shares owned by the Nonparty Company, to the Plaintiff on behalf of the Plaintiff when the loan was not repaid by the agreed

C. After that, as B was unable to repay the above loan by May 10, 2016, B transferred, around May 27, 2016, to the Plaintiff, 26,050 shares of the Defendant as stated in paragraph (1) of the attached Table No. 1 owned by the Plaintiff, and 88,570 shares of the Defendant as indicated in paragraph (2) of the attached Table No. 2 owned by the Nonparty Company.

(hereinafter referred to as “instant shares,” and the said transfer contract is referred to as “instant shares,” each of the shares listed in the separate sheet.

On the other hand, the defendant is a company established on March 26, 2014, and all the shares issued by the defendant, including the shares in this case, are common shares for which share certificates have not been issued.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply), testimony of witness B at the trial, the purport of whole pleadings

2. According to the facts of recognition prior to the determination on the cause of the claim, barring any special circumstance, B, etc. that transferred the instant shares to the Plaintiff under the instant contract to the Plaintiff is obligated to express his/her intent of notification of transfer of shares to the Plaintiff, and the Defendant is obligated to implement the transfer procedure under the name of the Plaintiff with respect to the instant shares.

3. The assertion of the parties and their determination

A. A. Around November 2, 2016, the gist of the Defendant’s assertion B, etc. transferred the instant shares to Nonparty E, F, and G, and the Defendant thereafter is F and F.