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1. The Defendant’s issuance of new shares of KRW 7,974,482 at a par value of KRW 500 per annum on April 6, 2012 is null and void.
2...
Reasons
1. Basic facts
A. The total number of shares issued as of December 31, 201 by Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is 51,693,004 shares (50 won per share, 524 won per share, and at the time, per share) and the current status of shareholders are as follows:
-F (Large Shareholder, Defendant In-house Directors) and their relatives: F 8,821,972 shares (17.07%) F 8,763,084 shares (16.95%) - 58,88 shares (0.1%) - 12.40% of the Industrial Bank of Korea (50.50%) - 26,105,960 shares (50.50%) 11% of the New Bank, 8.11% of the shares of Defendant Company 2, 294, 500 shares (17.31%) - Plaintiff A 1,500 shares (2.95%) - 30% of the shares of Plaintiff A, 294, 250% of the shares (2.31%) , 205, 305, 204, 205, 306, 205, 206, 305 shares of Plaintiff C.45, -16.26
On April 2, 2012, Defendant Company held a board of directors and made a resolution for capital increase with the following capital increase, the main contents of which are to issue 7,974,482 common shares of Defendant Company and to distribute them to F and its families.
- Kind and number of new shares issued: Ordinary share 7,974,482 – Total number of shares issued prior to the increase of capital: 51,693,004 note - The purpose of raising funds: 5,000,000,214 note - The method of raising capital - The method of raising capital - The third party allotment - the issue price of new shares - the amount of 627 won (7.36% of the premium rate for the base share price): the date of the payment of new shares: April 5, 2012 - the grounds for the articles of incorporation for the allocation to a third party: the number of securities depository (1 year) protected by the articles of incorporation (1 year).
C. F, H (F’s wife), and I (F’s F’s F’) received shares on April 6, 2012 the Defendant Company’s new shares 7,974,482 F3,189,79,794 H 2,392,344 shares I 2,392,344 shares (hereinafter “instant new shares”) and F and their family members (hereinafter “F, etc.”) receive shares issued by the Defendant Company totaling 59,67 shares issued by the Defendant Company.