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(영문) 서울중앙지방법원 2015.11.12 2015가합519605

회생채권자표 무효확인의 소

Text

1. The defendant against the plaintiff in the table of rehabilitation creditors of Seoul Central District Court 2014 Gohap179 case.

Reasons

1. Basic facts

A. On December 12, 2013, the Plaintiff and the Defendant concluded a new shares acquisition contract and an additional contract (hereinafter “new shares acquisition contract of this case”) with the terms that the Defendant would acquire KRW 990,00,000 (the issue price per share) of KRW 60,000 for the registered preferential shares for redemption conversion of KRW 5,000 issued by the Plaintiff (hereinafter “instant preferential shares”).

Around that time, the Defendant paid the purchase price of shares and acquired the preferential shares for redemption conversion of this case.

Article 2 of the New Stock Subscription Agreement (2) The term "subscriber" (hereinafter the same shall apply) shall, only when the conditions set forth in Article 12 of this Agreement are fully met, underwrite a registered preferential share (hereinafter referred to as "this case") of the shares to be issued which are either of the following subparagraphs:

1. Total number of stocks to be underwritten: 16,500 shares;

2. Acceptance price per stock: 60,000 won.

3. Total amount of the stocks to be underwritten: Geum-gu0 million won ( 990,000,000).

4. The date of payment of stock price (hereinafter referred to as "the date of termination of subscription"): The contents of "this case" issued on December 13, 2013 in accordance with this Agreement, which shall be as follows:

1.There is a right to take precedence over common shares in the distribution of dividends and residual property.

3. The repayment shares shall be subject to special provisions with respect to the terms of redemption;

5.The term of existence of the "Preferred Shares" as set out above shall be 10 years from the date of issue, and shall be automatically converted into common shares, even if there is no request for conversion by the shareholders holding "Preferred Shares" (hereinafter referred to as "Preferred Shareholders") at the expiration of this term, at the same time as the expiration of this period.

However, there is no profit available for dividends during the above term, and there is no profit available for dividends.