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(영문) 인천지방법원부천지원 2017.12.22 2017가합103077

청구이의

Text

1. The Defendant’s repayment to the Plaintiff of the Incheon District Court case No. 2016Da3375 was the priority repayment for repayment.

Reasons

1. Details of the shares to be underwritten by the underwriter (D) under Article 11 (Terms and Conditions for Issuance and Acceptance of Stocks) of the instant underwriting contract (Evidence 1 of A)

1. The total number of stocks to be underwritten: 117,644 shares of preferential repayment conversion;

2. Acceptance price per stock: 8,500 won.

3. Total amount of shares to be underwritten: The content of the class of shares (hereinafter referred to as "priority shares") issued pursuant to this Agreement, 99,974,000 won, or 12, of each class of shares (hereinafter referred to as "priority shares") are as follows:

1.In the distribution of dividends and remaining assets, priority exists for common shares, and is converted shares, redemption shares, and voting shares, the conversion and redemption of which are specifically specified.

2. The duration of this Preferred Shares shall be three years and shall be automatically converted into common shares on the date following the expiration of the duration, if not converted into common shares within the duration.

§ 17 (Matters Concerning Redemptions) (1) An underwriter shall have the right to claim against the Company (C) all or part of the preferential stocks to be redeemed in accordance with this section, and the Company shall repay to the greatest extent possible funds.

Since then, when additional funds are legally usable for the redemption of convertible shares, the Company shall preferentially use the funds for the redemption of outstanding convertible shares, even though the underwriter demanded the redemption, in order to repay the outstanding convertible shares.

However, the repayment of the convertible stock shall be possible only when there is a dividend available to the company, and the repayment period shall be extended until the completion of the repayment if the repayment is not made even though the claim for repayment has been made.

From October 17, 2013 to October 17, 2013, 100% of the preferential stock to be redeemed in this case acquired under this Agreement as of the end of the period of priority.

1. The redemption period: The underwriter shall be within three years after the company acquires the preferential stocks for the redemption of this case and shall be collectively referred to below the listing to the securities market or the KOSDAQ market;