청구이의
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 19, 2015, Defendant B Co., Ltd (hereinafter “Defendant Company”) entered into a new shares subscription agreement with the Plaintiff to be issued at KRW 3,996,920,160 (the value per share 3,774,240) of the Plaintiff’s 1,059 share price, and paid the said price in full.
On February 26, 2015 and May 21, 2015, Defendant C entered into a new shares subscription agreement with the Plaintiff to be issued on the aggregate of KRW 6,993,66,720 (the value of subscribed Price per share 3,774,240) of the Plaintiff’s total amount of 1,853 shares, and paid the said amount in full.
The contents of each of the above new shares subscription contracts are almost identical, and the main contents are as follows:
(hereinafter referred to as "each of the above contracts"). The purpose of this contract is to determine the rights and duties arising between investors, invested enterprises and interested parties when an investor in a third-party issuance of new shares enforced by the invested enterprise (Plaintiff) participates in the capital, and to provide for all matters concerning the operation of the invested enterprise after the investor participates in the capital.
§ 2 (Interested Parties) 1 The term "interested parties to this Agreement" means the following majority shareholders who hold at least 10% of the total number of outstanding shares, excluding nonvoting shares, of an invested company as at the time of underwriting
D. E. (2) The Investment Enterprise and the Interested Parties in Section 1 of this Article shall approve each provision of this Agreement and shall jointly and severally perform the obligations under this Agreement.
Article 28 (Disposal of Stocks) (1) No interested person may transfer, transfer, sell, offer as security, or take any other disposition of all or part of the stocks of invested enterprises owned by him/her to another person or to a third person without the prior written consent of an investor.
(2) Where an interested party intends to dispose of all or part of stocks to a third party with the prior written consent of an investor, the investor shall have a preferential right for all or part of the stocks subject to purchase.