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(영문) 서울중앙지방법원 2016.11.03 2016가합525546

배당결의취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Before October 2000, the Plaintiff owned 136,070 shares of the Defendant (the Seoul Central District Court received a decision on commencing rehabilitation procedures from October 17, 2013 to 2013 Gohap186, and received a decision on ending rehabilitation procedures on February 3, 2016). However, the Plaintiff owned 136,070 shares of the Defendant (the following).

With the decrease in the capital stated in the paragraph, 13,607 shares owned by 1/10 of the existing number of stocks as of December 31, 2015.

Article 7-2 (Number and Details of Preferential Stocks) (3) Details of 2 preferential stocks and 3 preferential stocks shall be as follows:

1. For preferential stocks, the board of directors shall determine the preferential dividend rate at the time of issuance at least three percent per annum on the basis of their par value;

2. Where the dividend rate of common stocks exceeds the dividend rate of common stocks, the dividends shall be made by participating in the excess at the same ratio as common stocks; and

3. Where the accumulated dividends have not been distributed for a certain business year with respect to preferential stocks, the accumulated dividends shall be preferentially distributed at the time of the distribution of dividends in the following business year; and

(4) Where a resolution not to make a fixed dividend for preferential stocks exists, the voting rights shall be deemed to exist for the period from the next general meeting of the general meeting where such resolution is adopted until the closing of the general meeting where such resolution is adopted.

Article 42 (Distribution of Profits) (1) Any dividend may be made in cash and stocks.

(3) The dividends under paragraph (1) shall be paid to shareholders listed in the register of shareholders as at the end of each fiscal term.

B. According to the former Articles of Incorporation (amended on March 26, 2010) of the Defendant, the amount of one share per share is KRW 5,000 (Article 6). The main provisions on the contents of two preferential shares among non-voting preferential shares and dividends are as follows.

C. The Defendant, through a resolution of the general meeting of shareholders on December 29, 2010, reduces capital from 5,000 won to 500 won as of January 31, 201 for the improvement of financial structure. On the other hand, the Defendant amended its articles of incorporation to the effect that the amount of the face value of the shares is at the par value of 2 priority shares.