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(영문) 서울서부지방법원 2016.01.13 2015가단19363

약속어음금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Article 5 (Capital and Stocks) (2) of the Convention on the Stockholder of Basic Facts. The stocks of a company shall be registered ordinary stocks and registered preferential stocks, and the amount of one share per stock shall be five thousand won;

(3) A company shall issue shares of one million won at the time of incorporation, and the amount of capital shall not exceed five billion won.

Article 5-2 (Number and Details of Preferential Stocks) (1) The preferential stocks to be issued by a company shall be non-voting stocks, and the number of preferential stocks to be created at the time of incorporation of the company shall be 50,000 shares, and the entire stocks shall be subscribed by a financial investor

(2) The preferential dividend rate for preferential stocks shall be 6.8% per annum on the basis of the face value.

(3) Where the dividend rates of common stocks exceed the dividend rates of common stocks, preferential stocks shall not participate in the distribution of the excess portion.

(4) Where preferential stocks fail to make a prescribed dividend in any business year, the accumulated dividends shall be preferentially distributed in preference to the dividends in the following business year.

Article 6-2 (Distribution of Stocks) (3) Where a company distributes the remaining assets at the time of liquidation, a financial investor who is a holder of preferential stocks has the right to receive the distribution of the remaining assets in preference to a person holding common stocks within the limit of the total acquired amount and the unpaid dividends (Provided, That where the ratio of distribution of common stocks exceeds the ratio of distribution of preferential stocks, a person holding preferential stocks shall not participate in such ratio), and a person holding common stocks shall receive the distribution of the remaining assets according to the ratio of

(4) The amount for which a financial investor who is a holder of preferential stocks fails to fully distribute the acquisition amount that he/she shall have in preference to ordinary stock holders as residual assets shall be preserved by a construction investor.

Article 13 (Convocation and Convocation Procedure) Unless otherwise provided in Acts and subordinate statutes or in the articles of incorporation, the board of directors shall be the date, time, place and meeting of the general meeting.