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(영문) 서울중앙지방법원 2016.07.07 2015나43195

부당이득금

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff’s shares and deposits (designated parties, hereinafter “Plaintiffs”) and the remaining designated parties (hereinafter “Plaintiffs et al.”) entrusted the Plaintiff’s shares, which are listed corporations, to a securities company (hereinafter “securities company”) instead of the Defendant’s shares (hereinafter “Plaintiffs et al.”) (hereinafter “Plaintiffs et al.”) (hereinafter “Plaintiffs et al.”). The Plaintiff’s shares held by 240,58 shares, B 171,122 shares, and C52,730 shares; hereinafter “Plaintiffs et al.”) and substitute securities deposited stock certificates in the Korea Securities Depository.

B. The Defendant’s merger 1) held each board of directors on April 16, 2010 and May 24, 2010, and approved the reduction of capital that combines 20 shares of the Defendant into 1 share, and the Defendant, an unlisted corporation, Postal Development Co., Ltd. (hereinafter “Preferential Development”) (hereinafter “Preferential Development”).

(2) On August 6, 2010, the Defendant entered into a merger registration on August 12, 2010 with the date of the merger and at the same time changed its trade name from Co., Ltd. to Co., Ltd. to Co., Ltd. Co., Ltd. Co., Ltd.

C. The Plaintiff et al. presented 121 won per share at the stock purchase price calculated in accordance with Article 165-5(3) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) and Article 176-7(2) of the Enforcement Decree of the same Act (hereinafter “the instant standard purchase price”) on or around July 2010, when the Plaintiff et al. expressed his/her opposition to the instant merger resolution, instead of being entrusted and entrusted with the instant shares.

3. The defendant, on August 4, 2010, applies to the number of shares of this case to the plaintiff, etc.