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Reasons
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(영문) 서울중앙지방법원 2014.11.20 2013가합545426
채권조사확정재판에 대한 이의의 소
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1. The final claim inspection judgment rendered by Seoul Central District Court No. 2011 dated September 2, 2013 is amended as follows:

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party who is a debtor company B (hereinafter “B”) in the KOSDAQ market from July 28, 2010 to March 24, 2011.

(2) B was decided on April 27, 201 by Seoul Central District Court 201 Gohap42, and on July 29, 2011, the Defendant was appointed as a manager B.

B. The Plaintiff acquired the Plaintiff’s shares 1) from July 28, 2010 to February 25, 201, the sum of 785,000 shares in B (i.e., the number of shares acquired 960,070 shares) - the number of shares disposed of 179,070 shares.

Among them, 330,000 6,719 shares issued on February 11, 201.

Specific transaction details shall be attached Form

2. As set out in the list of “damage Details”.

2) On September 22, 2011, B’s shares were delisted after the completion of the reorganization transaction. At the time of September 22, 2011, the closing price of B’s shares was KRW 17 won per share. (c) The Plaintiff reported the Plaintiff’s rehabilitation claim declaration regarding B as rehabilitation claim in the rehabilitation procedure regarding B, “The Plaintiff reported “the damage amount of KRW 3.43,1148,800,00 and the damages for delay incurred from the non-public disclosure,” and “the damages for delay from March 24, 2011 to the date of full payment.”

2) The phrase “the cause and content of rehabilitation claims” in the statement of the report on rehabilitation claims submitted by the Plaintiff while reporting the rehabilitation claims is indicated as follows: (a) claims for damages arising from false public disclosure - Violation of Article 162 of the Capital Market and Financial Investment Services and Capital Markets Act; (b) (c) damages of KRW 343,1140,000 (the difference between the acquisition value of securities and the current market price); and (d) interest at the rate of 5% per annum from March 24, 2011 on the final purchase date. (c) The Defendant raised an objection against the said report on rehabilitation claims by the Plaintiff as the custodian B.

1) The Plaintiff asserted that he/she has the above-mentioned (C) rehabilitation claim and applied for the final claim inspection judgment as Seoul Central District Court 201 Ma1413. (2) The above court has no rehabilitation claim claim as to B on September 2, 2013.

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