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(영문) 서울중앙지방법원 2017.10.24 2014가합590119
주식매수금 및 미지급 급여 청구
Text

1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is KRW 382,305,203 and the Plaintiff’s rehabilitation claim on December 16, 2014.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “debtor”)

(2) On July 17, 2014, the Plaintiff, a shareholder of the debtor company, issued a notice of notification to the general meeting of shareholders on August 1, 2014, on the part of the Plaintiff, the purpose of which is carbon, black materials development, manufacturing, sales, etc., to the effect that the Plaintiff was a shareholder of the debtor company, who owns 152,460 shares of the debtor company, and notified the debtor company of the purport of opposing the restructuring on July 28, 2014. On August 13, 2014, the Plaintiff decided to conduct restructuring by holding a general meeting of shareholders on August 13, 2014, and the Plaintiff purchased all shares of the debtor company owned by the Plaintiff in accordance with Article 374-2 of the Commercial Act.

B. A judgment on the determination of a purchase price and the Plaintiff’s final determination of a purchase price filed a claim for the determination of the purchase price of shares with the Cheongju District Court 2017Bu5000, which did not reach an agreement on the purchase price within 30 days from the date of a request for purchase of shares. On July 26, 2017, the said court determined the purchase price of shares as KRW 2,513 (hereinafter “instant determination of purchase price”).

(The defendant's appeal against the above decision is currently pending in the Daejeon High Court No. 2017Ra1029).

On July 9, 2015, when the lawsuit of this case was pending, the debtor company filed an application for commencing rehabilitation procedures with Daejeon District Court 2015 Ma5032, and the above court decided to commence rehabilitation procedures with respect to the debtor company on August 6, 2015 (hereinafter “instant rehabilitation procedures”), and the defendant was appointed as the administrator of the above company.

(hereinafter referred to as the “Defendant” is also the debtor company prior to the appointment of the custodian.

The plaintiff has reported his claim during the rehabilitation procedure of this case.

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