과징금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On January 28, 201, the Plaintiff participated in capital increase of 12,00,000 shares issued by a stock company B (hereinafter “B”) through public offering after allocating the forfeited shares, as a representative company and underwriter of securities in relation to capital increase of 28,680,000,000 won (hereinafter “instant capital increase”).
B. B filed a registration statement on September 28, 201 with the Financial Services Commission to issue capital increase with consideration, and filed the final corrective registration statement on January 14, 201 (hereinafter “instant registration statement”). D.
The largest shareholder C means acquiring a company low-evaluation as a uy-out substitution to take over B, raising its value through efforts such as restructuring, and selling it to a third party.
As a SPC with a strong nature of the Fund, D, the current representative director of the D, provided its main capital (including capital of KRW 50 million at the time of its establishment, and establishment in October 09). The method of securing acquisition funds: The total amount of KRW 30 billion was raised by the equity capital of KRW 3 billion and KRW 27 billion loan of KRW 27 billion. The outside financing amount of KRW 27 billion (E and KRW 12,0000,000,000,000 capital) was converted to its capital as of September 14, 2010, and the five billion, which was not converted as of the date of the submission of the registration statement, will also be converted to its capital (capital stock of KRW 2.5 billion).
The Defendant, even though there was no change in the capital stock of C Co., Ltd. (hereinafter “C”) which is the largest shareholder at the time the instant registration statement was submitted, made a false statement on October 26, 2012 on the ground that the Plaintiff, as indicated below, stated “C’s opinion” in the part of the instant registration statement, stating that “2 billion won was converted into capital as of September 14, 2010, out of KRW 27 billion borrowed by C to take over B” (hereinafter “instant statement”), and made a false statement on the important matters of the registration statement.