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(영문) 서울중앙지방법원 2017.12.21 2016가합539903

주권인도청구의소

Text

1. The Defendant each of the Plaintiffs’ KRW 500,000,000, and 5% per annum from February 25, 2017 to December 21, 2017.

Reasons

1. Basic facts

A. On July 23, 2015, H’s acquisition and disposal of shares (i.e., mutual J Co., Ltd.; hereinafter “subject company”) decided to issue capital increase through the third party allocation method.

H, without distinguishing K of the law office represented by the defendant (hereinafter referred to as the "Defendant") and without distinguishing K of the law office represented by the defendant, paid the full amount of the share capital under the name of 1,167,315 shares, L in the name of 1,089,495 shares.

H decided to dispose of the shares held in title by the Defendant and L as above, and concluded each of the following contracts with the Defendant as a party to L:

B. The Plaintiffs and the Defendant’s contract 1) On November 5, 2015, the Plaintiffs issued by the subject company between the Defendant and the Defendant and opened to be protected until August 11, 2016, one million shares out of the shares 1,167,315 shares in the Defendant’s name (hereinafter “instant shares”).

2) As to the agreement with respect to the following terms and conditions (hereinafter “instant agreement”).

(B) purchase and sale of shares (pre-contracts).

1. As of the date of the preparation of this Agreement, the Defendant guarantees that the shares of a company subject to KOSDAQ-registered corporations are held in the name of the Defendant and are not related to any form of guarantee or provision of security, including summary pledges, for the principal and third parties.

2. The shares to be sold by the Defendant on July 24, 2015 (on the date of payment) are one million shares out of the shares (1,167,315 shares) that the Defendant acquired by participating in the capital increase with a third party’s allocation method, and are protected for one year from the date of acquisition.

3. The Plaintiffs purchased 200,000 won per share of the shares owned by the Defendant (based on before the reduction of capital, and 2,000 won after the reduction of capital) (the Plaintiff A.50,000 shares, Plaintiff B.50,00 shares). The Plaintiffs have put options for one month from the date of termination of the order to protect the shares of this case, and when exercising put options, have less than 400 won per share (based on before the reduction of capital, 4,000 won after the reduction of capital) for less than 400 won per share.