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(영문) 서울고등법원 2015.03.19 2014나25551

부당이득금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) The development of the KWn Investment Co., Ltd. (e., the Defendant was changed on January 30, 2012).

collectively referred to as "defendant" shall be referred to as "defendant"

(B) and corporation B (hereinafter referred to as “B”).

) A corporation I (hereinafter referred to as “I”) as an affiliate of H Group, other than Defendant A and B, as an affiliate of H Group.

) Co., Ltd. (hereinafter “J”)

) K Co., Ltd. (hereinafter “K”)

C. A. (hereinafter “C”) as an enterprise listed on KOSDAQ, which engages in the business of manufacturing and selling electronic equipment

As of September 14, 2010, the Defendant’s major shareholder falls under 14.8% of the total number of C-Issuance Shares 4,558,174 C-Issuance Shares 30,612,245 Shares 30,612,245 Shares ; (B) constitutes 13% of the total number of C-Issuance Shares 4,00,000 Shares 30,612,245 Shares ; and (c) as of September 14, 2010, L, a de facto manager of H Group, held 330,00 shares issued by the Defendant (74,047 shares, unit price 672 won, unit price 672 won, and warrant bonds).

B, I are the preemptive rights to the issuance of C warrant certificates (number 1,872,659 shares, unit price of 534 won, unit price of 534 won, and warrant certificates.

(B) J is the preemptive right to the issuance of C warrant certificates (number 1,785,714 shares, unit price of 560 won, unit price of 560 won, and unit price of bonds with warrant)

2) The E Co., Ltd. (hereinafter “E”) is a company that processes, manufactures, or sells construction materials. D is a representative director of E from April 24, 2009 to April 24, 2009.

B. 1) E is the Defendant, B, and L (hereinafter “Defendant, etc.”) on September 29, 2010.

A) The MOU between E and the Defendant, etc. to agree on C’s right of management and basic matters for concluding a contract to acquire shares by means of acquiring shares issued by the Defendant, etc. (hereinafter “instant MOU”).

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