회사에 관한 소송
1. The Defendant’s issuance of new shares at 4,780,000 common shares per par value of 100 won per April 24, 2014 should be invalidated.
2...
1. Basic facts
A. The Defendant is an unlisted corporation established for the purpose of developing, manufacturing, and selling natural cosmetics, and the total shares issued prior to the issuance of new shares was 15,218,000 shares (on April 24, 2014) as follows.
At the time, Plaintiff A is a shareholder of 50,000 common shares (3.29%) out of the total issued shares, and Plaintiff B was a shareholder of 4,824,00 common shares (31.70%). Meanwhile, Defendant D’s representative director was a shareholder of 3,587,50 common shares (23.6%).
B. On April 1, 2014, the Defendant issued a notice to convene a board of directors with the Defendant’s representative director D, directors E, and F on the agenda of “consultations on the rejection of the agenda of the fourth regular general shareholders’ meeting” on April 4, 2014, the Defendant held the board of directors on April 4, 2014 when the Defendant’s representative director D, directors E, and the board of directors attended, and issued the Defendant’s general shares at KRW 100 per share with face value, and then issued the Defendant’s general shares at KRW 4,780,00 per share with face value, pursuant to Article 418 of the Commercial Act and Article 10(2)7 of the Defendant’s Articles of incorporation as seen below (hereinafter “the instant resolution by the board of directors”).
C. On April 8, 2014, the Defendant issued a public notice of the issuance of new shares with the same content as the resolution of the board of directors of the instant case to the Economic Newspapers on April 8, 201, and received KRW 478,00,000 from G on April 23, 2014 (i.e., KRW 4,780,000 x 100 x 100) from G on April 24, 2014, and then allocated the Defendant’s ordinary shares to G on April 24, 2014.
(hereinafter “Issuance of New Shares”) D.
Meanwhile, between G and G on April 23, 2014, from April 23, 2014 to April 22, 2024, the Defendant entered into a contract on the use of raw material technology with the content that G is supplied with KRW 500,00 per kilogram, and the cost for technical use for the manufacture of raw materials is KRW 46,350,000 per annum, and the cost for technical use for the manufacture of raw materials is KRW 46,350,000 per annum and KRW 463,00,000 per annum in lump sum, and the amount is ten years for G on April 24, 2014.