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(영문) 서울중앙지방법원 2015.06.25 2013가합540940
주식명의개서절차 이행청구의 소
Text

1. As to the shares listed in the attached list to the Plaintiff, the Defendant is a pledgee in the list of shareholders.

Reasons

1. Facts of recognition;

A. 1) National Pension Service 04-1 Corporate Restructuring QCP11 (hereinafter “ QCP11”).

A Co., Ltd. (hereinafter “A”) on August 17, 2009

1)The bonds with the preemptive rights of private placement in the 11th type of non-guaranteed separation type (hereinafter referred to as “bonds with the preemptive rights of this case”) issued at par value of five billion won and interest per annum.

(2) On August 17, 2009, QCP11 received a pledge on the Defendant (i.e., “stock company’s corporate name”, but later changed into the current trade name) who was the representative director of A, owned by B in order to secure the repayment of principal and interest of the instant bonds with respect to the instant preemptive rights, and (ii) was established on the shares issued by 130,000 shares (which were not issued the shares representing B; hereinafter “instant shares”).

3) On August 17, 2009, B, upon establishing a pledge right to the instant shares, written a written consent on the disposition of the security stating that QCP11 “In the event that the principal and interest of the instant preemptive right-holder bonds are not repaid by August 17, 2010, QCP1 would dispose of the instant shares at a reasonable procedure and price, and would be appropriated for the repayment of the principal and interest of the instant preemptive right-holder bonds.” B entered the Defendant’s shareholder registry as the pledgee of the instant shares.

5) On May 14, 2010, QCP11 repaid KRW 200 million of the instant preemptive right bonds to QCP11. B. On August 11, 2010, QCP11, as to the instant preemptive right bonds against the limited liability company, QCP11, a limited-liability company (hereinafter “Tia”) with the face value of KRW 4.8 billion of the instant preemptive right bonds and KRW 3.4 billion of the interest claim for one year (=5 billion of KRW 5.6%).

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