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Reasons
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(영문) 서울북부지방법원 2017.05.25 2016가합428
신주발행무효확인
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1. Of the instant lawsuit, the issuance of new shares on August 22, 2015 (registration date August 25, 2015, and 300,000 common shares) is invalidated.

Reasons

1. Basic facts

A. Defendant Company is a stock company that runs the business of developing underground resources, and the Plaintiff is a stockholder who holds 340,000 shares out of the shares issued by Defendant Company.

B. The status of ownership of the shares of the Defendant Company before the issuance of the instant new shares is carried out is as follows:

Plaintiff 3.33% C 200,000 C 19.6% of 19.6% of 18.6% E 100,000 KRW 50,000,000 of 340,000 shares paid in the number of shares owned by stockholders, and KRW 16.6% of 90,000 KRW 95,000,000 KRW 18.6% of 100,000 KRW 50,000,000 KRW 9.8% of 170,000 KRW 85,000,000,000 KRW 16.6% of G 20,000 KRW 10,000,000 total 1,90,00000 KRW 510,0000,0000.

C. On August 22, 2015, Defendant Company issued 300,000 new shares as follows, and completed registration for modification on August 25, 2015.

The types and number of new shares on August 22, 2015 are 30,000 common shares.

2. Purpose of raising funds: Operating funds and financial restructuring; 3. Method of issuing new stocks and value: 500 won per share per face value;

4. The base date of the allocation of new stocks and the method of the allocation of new stocks: The allocation of third parties on August 14, 2015.

5. Payment date of stock price: August 21, 2015;

On August 29, 2015, Defendant Company issued additional 300,000 new shares as follows, and completed registration for modification on September 1, 2015.

1. The types and number of new shares: 300,000 common shares.

2. Purpose of raising funds: Operating funds and financial restructuring; 3. Method of issuing new stocks and value: 500 won per share per face value;

4. The base date of the allocation of new stocks and the method of allocating new stocks: The allocation of third parties on August 21, 2015;

5. The payment date of stock price: August 28, 2015;

The status of shares of Defendant Company was changed due to the issuance of the above new shares as follows.

Plaintiff 340,000,000 Won 20.98777% C 200,000,000,000 Won 12.3457% D 190,000,000 KRW 11.7284% E 10,000,000,000 KRW 6.1728% of 6.1728% of 0,000,000 KRW 85,000,000,000 KRW 85,000,000,000 KRW 1728% of 6.1728% of 170,000,000 or KRW 20,000 G 20,000, 12346% of 1,2300, 3000, 3000, 3000, 30037.6% of 3007.

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