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(영문) 서울중앙지방법원 2017.03.31 2015가단5360764
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Issuance of the instant ELW and Plaintiff’s purchase 1) Defendant is the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

On March 8, 2015, the Defendant is a financial investment business entity under the Financial Investment Services and Capital Markets Act. On December 10, 2015, the date of the final transaction with the underlying asset of Samsung C&T, the maturity date and the date of the exercise of rights, the event price of KRW 49,700, and the issue price of KRW 106,00. The type of the exercise of rights is “Labor Investment Co., Ltd.” (hereinafter “ELW”), “Labor Stock Co., Ltd.” (hereinafter “EW”), 9,440,000 shares issued and listed on the Korea Exchange. 2) On April 15, 2015, the Plaintiff purchased C&T securities Co., Ltd. (hereinafter “U.S.”) in the future, 105, 100,000 won per share through HLW 50,505,005.

Then, the Plaintiff purchased each share on April 16, 2015 and April 21, 2015, and sold 250,020 shares on May 12, 2015, and held the instant ELW 472,000 shares as of July 23, 2015.

B. The merger of Samsung C&T and the Defendant’s final transaction date of Samsung C&T were announced on May 26, 2015. Samsung C&T passed a merger with Samsung C&T at the temporary shareholders’ meeting on July 17, 2015. 2) The trade name of the company surviving the merger was “T&T,” the extinguished company,” and the trade name of Samsung C&T was suspended from August 27, 2015 due to the merger was suspended from August 27, 2015.

9.10. Delisting was scheduled.

3) On May 26, 2015, the Defendant publicly announced that the date of the instant ELW, etc. in the listing disclosure system in the Korea Exchange was reduced to August 26, 2015, the immediately preceding day of the suspension of the said transaction, under the title “the investor’s attention to the stocks and uniting securities issued by the financial investment, which is a labor in accordance with the decision on the merger of Samsung C&T.” (hereinafter referred to as “the date of the instant ELW”). The Defendant on July 17, 2015.

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