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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. B, on May 3, 2007, changed from “A” corporation listed in the securities market to “D” on June 2007, and changed from “C” corporation to “B” corporation on September 201, 201; hereinafter “instant company”) to acquire management rights of the said company from the existing major shareholders F. The instant company agreed to acquire management rights of the said company. On the same day, the instant company decided to accept an amount equivalent to 24% of the shares of the Plaintiff, a Russia-based limited liability company, in order to enter the development business, such as genetic exploration and extraction, and made a resolution of the board of directors on capital increase with respect to capital increase in the method of allocating a third party for the purpose of raising the fund.
B. Meanwhile, in order to offer securities worth more than 2 billion won under the former Securities and Exchange Act (amended by Act No. 8635 of Aug. 3, 2007), an issuer shall submit a securities registration statement to the Financial Supervisory Commission in accordance with Article 8 of the Securities and Exchange Act and Article 2 of the Enforcement Rule of the same Act (amended by Ordinance of the Prime Minister No. 885 of Aug. 4, 2008). The instant company filed a corrective registration statement with the Financial Supervisory Commission on May 3, 2007, but received an order from the Financial Supervisory Commission to submit a corrective registration statement on two occasions, and eventually withdrawn from the submission of the securities registration statement on August 1, 2007.
Since then, the company of this case, without filing a securities report, finally offered capital increase with the following contents on August 16, 2007.
(hereinafter referred to as "the class and number of new shares": The issue price of new shares for the purpose of financing 91,589,100 registered common shares: 821 won per share (500 won per share) total amount of new shares: 75,194,651,100 won per share: The due date for payment of new shares: Persons subject to new shares allotment on August 16, 2007: B and 51 others are expected to be protected in the Korea Securities Depository for one year from August 27, 2007.
The Plaintiff’s capital increase.