단기매매차익반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On June 2013, 2013, the Plaintiff (former Mutual Holdings Holdings Co., Ltd.) issued bonds with warrants of KRW 5 billion. The Defendant was the largest shareholder holding 900,900 shares of the Plaintiff at the time.
On June 19, 2013, the Defendant paid KRW 60 million to the Plaintiff, and acquired from the Plaintiff a certificate indicating preemptive rights corresponding to KRW 2,969,561 (a total of KRW 4 billion). On December 19, 2013, the value of preemptive rights changed from KRW 1,347 to KRW 943, the Defendant additionally owned the certificate indicating preemptive rights of KRW 1,272,220.
On December 20, 2013, the Plaintiff raised 1,360,000 shares for capital increase (737 won for capital increase) by the third party allotment method. On December 24, 2013, the Defendant participated in the above capital increase and paid 1,02,360,000 shares to the Plaintiff’s 1,360,00 shares. As the value of the above capital increase was changed from KRW 943 to KRW 937, the Plaintiff acquired 27,162 shares for capital increase.
On December 23, 2014, the Plaintiff raised 2,633,000 shares for capital increase (608 won for capital increase). On December 24, 2014, the Defendant participated in the foregoing capital increase and paid 1,600,864,000 won, and acquired Plaintiff’s shares 2,633,000 shares (hereinafter “instant common shares”). As the value of the preemptive rights to new shares was changed from KRW 937 to KRW 900, the Plaintiff additionally owned 175,501 shares as the Plaintiff’s shares was changed from KRW 937 to KRW 900.
(2) On April 23, 2015, the Defendant’s issuance price of the purchase price of the subject matter of sale from a purchaser of the instant warrant date, which was KRW 28 billion in total face value of the instant warrant date, and KRW 28 billion in total face value of the face value of the instant warrant date, and KRW 32 billion in total face value of the instant warrant date among the face value of the instant warrant date, and KRW 32 billion in total face value of the face value of the instant warrant date. < Amended by Presidential Decree No. 26548, May 8, 2015>