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(영문) 서울남부지방법원 2015.07.03 2015가합102225

단기매매차익반환

Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, KRW 227,108,967, Defendant D, KRW 227,098,972, and Defendant E, 227,05,056.

Reasons

1. Basic facts

A. The Plaintiff Company is a stock-listed corporation that issues stock certificates listed on the securities exchange as a company that carries on the mixed island, the manufacture, sale, export, and import business of letter-post and related products.

The Defendants are officers and employees of the Plaintiff Company, and Defendants B, Defendant D, and Defendant C, Defendant C, E, F, and G, respectively.

B. On June 20, 2013, the Plaintiff Company’s board of directors to issue the Plaintiff Company’s bonds with warrant and the Plaintiff Company’s board of directors to acquire the bonds with warrant equivalent to KRW 5,00,000,000 in total face value. On June 20, 2013, the KIKO Securities Co., Ltd. (hereinafter “KIKO Securities”) and the Bad Start Investment Co., Ltd. (hereinafter “Bad Start Investment”) concluded a contract to underwrite the bonds with warrant (hereinafter “instant underwriting contract”) with the Plaintiff Company to acquire the bonds with warrant issued as above, and the KIKO Securities and Bak Investment paid KRW 3,00,000,000 in total and KRW 2,00,000,000 in total and KRW 2,00,000 in total, and acquired the entire bonds with warrant subject to the acquisition agreement.

Of the contents of the instant underwriting agreement, the issues of the instant case are as follows.

Article 1. (1) Issuance and Subscription of Bonds (1) The Plaintiff Company shall issue this Bonds and subscribe to the total amount of KIKOs and Hypers Policy, subject to the following terms:

3. The type of this bond: The bond with a separate preemptive right to private placement of the bearer interest coupon;

4. Total face value of this bond: 500 million won ( 5,000,000,000)

5. Gross amount of the present bonds issued: 3,000,000,000 KRW 600,000,000,000,000 s 3,000,000,000,000

7.Article 2 (1) of the subscription amount of the underwriter is the right to request issuance of new shares of the Plaintiff Company on the following terms: