logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.07.14 2015가단5078324
부당이득금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff (Appointed) and the designated parties (hereinafter “Plaintiff, etc.”) entrusted the Plaintiff’s shares to the Olympic Branch of the Securities Olympic Games, Inc. (hereinafter “Plaintiff, etc.”). On July 2010, the shares of the Postal Infrastructure, owned by the Plaintiff, etc., were 240,58 shares, B171,122 shares, and C52,730 shares (hereinafter “instant shares”).

B. On April 16, 2010 and May 24, 2010, listed companies held each board of directors to approve the reduction of the capital that combines 20 shares of the friendly infrastructure with 1 share. A resolution was passed to approve merger contracts with the content that the friendly infrastructure is merged with 93 shares of the friendly development shares of the friendly Development (hereinafter “instant merger”), an unlisted corporation, by holding a special shareholders’ meeting on June 18, 2010, and approved the said reduction of capital and merger.

After all, on August 6, 2010, the Friwon Infrastructure was registered as the merger date, which was August 12, 2010. At the same time, the Friwon Infrastructure was registered as the Friwon Development from the past Friwon Infrastructure to the Friwon Development.

C. On June 2010, the Plaintiff, etc., who was the shareholder of the Postal Infrastructure at the time, expressed his opposition to the resolution of the merger of this case through a securities company, and filed an application for purchase of shares under Article 522-3 of the Commercial Act with respect to all of the shares of this case on or around July 2010. At the time, the Postal Infrastructure presented Article 165-5(3) of the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) and Article 176-7(2) of the Enforcement Decree of the said Act as the purchase price of shares calculated pursuant to Article 176-7(2) of the said Act (hereinafter “base purchase price”).

Plaintiff

On August 4, 2010, the designated parties are 29,11,148 won,20,705,762 won,6,380,330 won, calculated by multiplying the number of stocks of this case held by them by the standard purchase price of this case.

arrow