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(영문) 대전지방법원천안지원 2014.02.14 2013가합3722

주식인수대금

Text

1. As to each of the above amounts of KRW 20,000,000 to Plaintiff A and B, and KRW 40,000,000 and each of the above amounts to Plaintiff C and D, respectively. < Amended by Presidential Decree No. 23590, Dec. 2012>

Reasons

1. Basic facts

A. The Defendant is a company that manufactures semiconductors and components related to semiconductors and provides services, and the special shareholders’ meeting of the Defendant company adopted a resolution on September 14, 2012 with the following content.

The types of shares that can be acquired: The limit on the total amount of acquisition value of 106,000 shares in registered common: the period during which the shares can be acquired at 2,400,000,000 won: The method of acquisition from the date of resolution of this general meeting of shareholders to June 30, 2013: the company must acquire shares from all shareholders who intend to transfer shares in the company by notifying them of their acquisition.

On September 17, 2012, the defendant sent a guide on the acquisition of the company's own shares (Evidence A2-2) to shareholders, including the plaintiffs, with the following contents stated in the plan to acquire the company's own shares:

▷ 취득 목적: 경영상의 필요 ▷ 취득할 주식의 종류 및 수: 기명식 보통주 106,000주 ▷ 취득할 주당 지급 금액 및 총액: 20,000원/주 ▷ 주식취득 대가로 교부할 금전의 총액: 2,120,000,000원 ▷ 주식양도 신청 기간: 2012. 10. 2. ~ 2012. 10. 22. ▷ 대금지급 시기: 2012. 10. 23.~2012. 10. 31.까지 지급 향후 일정 ▷ 자기 주식 매입 신청서 통지: 2012. 9. 28. ▷ 접수기한: 2012. 10. 2. ~2012. 10. 22. 다.

On September 28, 2012, the Defendant sent a written request for purchase of stocks to shareholders, including the Plaintiffs, accompanied by a written request for purchase of stocks, and the Plaintiffs submitted the written request for purchase of stocks (Plaintiff A, B, 2,000 shares, Plaintiff C, and D each 4,00 shares) owned by the Plaintiffs to the Defendant during the period of application for transfer of stocks notified.

On December 17, 2012, the Defendant: (a) reduced the amount paid per share to be acquired by convening a board of directors from KRW 20,000 per share to KRW 10,000 per share; (b) passed a resolution of the board of directors to change the period from December 17, 2012 to December 31, 2012; and (c) pursuant to the said resolution of the board of directors, the Plaintiff A and December 31, 2012.