주주총회결의 부존재 확인 등
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a securities market-listed corporation that runs domestic and foreign air transport business, and the total number of outstanding shares is 195,101,365 shares. The largest shareholder of Defendant Company is G Co., Ltd. (hereinafter “G”) that holds 58,68,063 shares (30%) and the largest shareholder of the Defendant Company is 24,593,40 shares (12.61%) with 24,593,400 shares (12.61%).
B. On October 23, 2013, the Defendant Company acquired G shares 4,224,598 shares (the total number of outstanding shares at the time of issuance, 32,286,918 shares; 1,613,80 shares out of March 21, 2014 (the total number of outstanding shares at 32,286,918 shares) by converting into equity loans (the Defendant Company acquired corporate bills equivalent to 79 billion won issued by G around December 2009, which were issued by G, and changed to loan bonds with the maturity of payment on December 31, 2014). The Defendant Company concluded a new monetary loan agreement on September 201, 200 with 200 shares (the total number of outstanding shares at 33,226,137-4,86%; hereinafter referred to as “instant shares”) on behalf of 1,150 shares (the underlying assets of the instant case were 200 shares).
On March 21, 2014, the date of entry into force on March 25, 2014, and on March 21, 2015, the date of entry into force on March 25, 2014: The amount of shares of G 1,613,800 common shares (referring to the shares of this case): the payer of the securities instead of the securities, the recipient of the securities, the closing price of the underlying assets, the base price of the underlying assets, and the average sale price of the settlement price, based on the average sale price, shall be substituted by the securities from one month before the last day to one month before the settlement date.