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(영문) 부산지방법원동부지원 2016.10.07 2016가합560

주식반환

Text

1. The part of the creditor subrogation claim shall be dismissed among the plaintiff's primary claims.

2. The plaintiff's remaining primary claims and the plaintiff's main claims.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established under the Financial Investment Services and Capital Markets Act for the centralized deposit of securities, etc., transfer of securities between accounts, and settlement and smooth circulation following transactions.

B. The Plaintiff owned 3,307,070 common shares of Samsung C&T Co., Ltd. (1101-0002975, and a corporation that was merged with and terminated to Samsung C&T Co., Ltd.; hereinafter “former Samsung C&T Co., Ltd”).

The Plaintiff deposited the shares with the Defendant via a new financial investment company (hereinafter referred to as “new financial investment company”) that established 5,000 common share certificates among the shares.

C. On May 26, 2015, the former Samsung C&T entered into a resolution of the board of directors on the merger between the former Samsung C&T (hereinafter “the former Samsung C&T”) and the former Samsung C&T Co., Ltd. (hereinafter “T”) and the former Samsung C&T (hereinafter “E”), and entered into a merger agreement with the former Samsung C&T (hereinafter “instant merger”).

Since then, the merger process between the old Samsung C&T and the first T&T has been followed as follows.

On May 26, 2015, May 26, 2015, the date of the resolution by the board of directors of the former Samsung C&T corporation, the date of receipt of notification of the intention of merger opposition on June 11, 2015, as of May 26, 2015, from May 26, 2015, the date of merger contract. < Amended by Presidential Decree No. 26357, Jun. 11, 2015; Presidential Decree No. 26357, Jul. 2, 2015>

Above July 2, 2015

7. From July 17, 2015, the period for exercising appraisal rights on July 17, 2015, at the general meeting of shareholders for approval for a merger contract: (a) the period for exercising appraisal rights on July 17, 2015; or

Above July 17, 2015

8. 6. Scheduled date of payment of purchase price of stocks;

As between July 2, 2015 and July 16, 2015, the period of receipt of notification of the intention to oppose to the resolution of the general meeting of shareholders regarding the merger of this case, the Plaintiff notified the previous Samsung C&T in writing.

E. On July 17, 2015, the former Samsung C&T made a resolution to approve the instant merger agreement by holding a general meeting of shareholders.

F. On July 31, 2015, the Plaintiff owned the former Samsung C&T on August 1, 2015.