beta
(영문) 서울중앙지방법원 2017.08.08 2016가합532261

증권

Text

1. The defendant shall award to the plaintiff A a share certificate representing 125,00 common shares which constitute 100 common shares which constitute the face value of D Issuance.

Reasons

. The share split decision was made on May 10, 2016 that changed the total number of shares from 4,316,992 to 21,584,960 shares, and that accordingly completed the share listing procedure.

E. On May 25, 2016, E changed its trade name to “C” and registered it on June 13, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the shares of E set forth in each of the above contracts to the plaintiffs after six months have elapsed from the date of conclusion of each of the above contracts, and it is clear that six months have passed since the date of conclusion of each of the above contracts, and that E's shares have been divided at the ratio of 1:5, and that the trade name of E has been changed, as seen earlier. Thus, the defendant is obligated to deliver to the plaintiff A share certificates representing the plaintiff A the face value of 125,00 common shares (25,000 common shares *5), and to deliver share certificates representing the plaintiff Eul 187,500 common shares (37,500 shares *5).

B. The defendant's assertion 1) The defendant concluded the contract of this case with G representing the plaintiff B.

However, on October 13, 2015, the Defendant agreed to cancel the first contract with G on the same day on the grounds that the purchase price was agreed to be lower than the market price and that it was possible to raise funds on more favorable terms from the Sejong Savings Bank.

B. On October 14, 2015, the following day, the Defendant concluded the instant second contract with G acting for the Plaintiff A according to the result of the internal meetings of the Defendant Company to invite re-individual investors as a matter of concern about the shortage of acquiring funds.

However, the defendant's agreement with the Sejong Savings Bank on the same day has reached the stage of sexual history, and the above two contracts with G are concluded.