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(영문) 서울중앙지방법원 2014.12.12 2012가합507540
손해배상(기)
Text

1. The lawsuit of this case shall be dismissed for the part of the claim for inspection and copying of the minutes of the board of directors

2. The defendants are the defendants.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd (formerly changed: C; hereinafter “Defendant Company”) is a company that designs semiconductors, electronic equipment, related facilities, etc. and manufactures and sells services. The Plaintiff is an executive member of the Busan Strategic Industry Investment Association (hereinafter “instant Association”).

Defendant B was the representative director and the major shareholder of Defendant B from October 22, 2007 to July 1, 2011.

On the other hand, D Co., Ltd (former trade name: E; hereinafter “E”) is a company with the purpose of designing semiconductors, electronic equipment, related equipment, etc. and manufacturing and selling services, and Defendant B was the E representative director and the major shareholder from June 10, 2009 to October 25, 201.

B. On October 30, 2009, the Defendant Company attempted to increase its capital as part of financing for the development, manufacture, and purchase of related equipment of DNA chips, and the Plaintiff entered into a contract with the Defendant Company to acquire 36,363 shares per share (hereinafter “instant shares”) from the Defendant Company from the Defendant Company to acquire KRW 55,000 per share of KRW 1,99,965,000 per share (hereinafter “instant underwriting contract”).

The main contents of the above contract are as follows:

This Agreement was concluded on October 30, 2009 between the instant association (the “subscriber”) that made the Plaintiff an executive member and the Defendant Company (the “Investment Company”) and the major shareholder or the operating manager of an investing company (the “interested party” under the contract).

§ 2(1) An interested person in this contract shall be deemed to be a major shareholder who owns not less than 20% of the total amount of shares issued by an investing company except for nonvoting shares at the time of capital increase or a person who has acquired substantial control over an investing company.

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