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(영문) 서울중앙지방법원 2016.08.25 2016가합523359

주식매수대금청구의소

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

2...

Reasons

1. Basic facts

A. On December 12, 2013, the Plaintiff entered into a new acceptance contract with Defendant A (hereinafter “instant shares”) with Defendant A and Defendant A (hereinafter “instant shares”) with the registered common shares of KRW 15,000 (the face value of KRW 5,000; hereinafter “instant common shares”).

(1) The Plaintiff’s issuance of the instant shares to KRW 540,000 (36,000 per share acceptance price) (hereinafter “instant new shares subscription contract”) is a new shares subscription contract under which the Plaintiff would acquire the instant shares (hereinafter “instant new shares subscription contract”).

(2) In the new shares acquisition contract of this case, the Plaintiff may file a claim for the purchase of the shares in this case. The main contents of this case are as follows. (1) Defendant A’s representative director must comply with the Plaintiff’s request for purchase in the event of the occurrence of any of the following. (2) Defendant A’s representative director must file a written request for purchase in the event of the occurrence of any of the matters falling under Article 3 (1) of Article 4 (Request for Purchase and Purchase). (2) Defendant A’s representative director shall purchase the shares within three months from the date of the Plaintiff’s request for purchase, but shall purchase the shares at an amount increased by 3% per annum of the subscription price. A. The right to purchase shares in this case falls under Article 4(2) is given priority to the Defendant A in the event of the occurrence of the new shares acquisition contract of this case.

B. Defendant A issued new shares with capital increase issued by Defendant A to a third party on June 4, 2014, in order to overcome the management crisis of Defendant A due to financial deterioration, Defendant A issued 20,000 shares (hereinafter “instant preferential share”) with the priority of redemption and conversion to registered shares, and passed a resolution to issue new shares with capital increase issued by a third party to assign KRW 5,000 per share to new investors (hereinafter “resolution to issue new shares”) with the priority of redemption and conversion to KRW 20,00 per share (hereinafter “instant preferential share”). Defendant A passed a resolution to issue new shares with capital increase issued by Defendant A to a third party (hereinafter “resolution to issue the instant preferential share”). Defendant Dodidi.