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(영문) 서울중앙지방법원 2016.06.30 2016가합1040

손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 13, 2014, the Defendant, a KOSDAQ-listed corporation, offered capital increase with a third party’s new issuance of common shares 1,346,153 shares (hereinafter “instant new shares”), and allocated 961,538 shares (hereinafter “new shares allocated”) to the Defendant’s major shareholder Couris Couris Co., Ltd. (hereinafter “Couris”) and the Plaintiff (hereinafter “Plaintiff”) 484,615 shares, respectively, without distinguishing them from common shares (hereinafter “the Plaintiff”).

The Defendant’s report on capital increase with new stocks submitted to the Financial Services Commission includes a statement that the Defendant was exempted from submitting a registration statement as to the entire amount of the instant new stocks for one year.

B. The Plaintiff filed a claim for loan (Seoul Central District Court 2015 Gohap 12333 case) against Ciuris by asserting that Ciuris had a loan of 500 million won and a claim for delayed payment thereof (hereinafter “claim for loan”). On the other hand, the Plaintiff filed a claim for the loan of this case (the claim amounting to KRW 559,589,041) with Ciuris as the claim for the loan of this case (the claim amounting to KRW 559,589,041), and received a decision of provisional seizure (hereinafter “decision of provisional seizure”) from the Seoul Central District Court 2015Kadan1697, Sept. 15, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. In a case where a securities issuing company requests the Korea Securities Depository to accept a deposit order pursuant to the summary of the Plaintiff’s assertion, the issuing company, who is the requester of a deposit order, has concluded a contract for a deposit order with the Korea Securities Depository, and has the Korea Securities Depository deliver and keep the share certificates, and the period of compulsory deposit order.