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(영문) 대전지방법원서산지원 2016.04.07 2015가합51028
신주발행무효의 소
Text

1. The plaintiff B's lawsuit is dismissed.

2. The Defendant’s common shares of KRW 5,000,000, as the face value of February 26, 2015.

Reasons

1. Basic facts

A. The Defendant is a stock company incorporated on January 11, 201 for the purpose of the production, transportation, distribution, and other related business of integrated energy.

(hereinafter “Defendant Company”). (b)

The current status of holding 420,001 (ordinary shares and par value 5,000 won) of the total outstanding shares of Defendant Company as of March 29, 2013 shall be as listed in the following table 1:

[Attachment 1] The ratio of the number of shareholders held by Plaintiff A 371,001, 88.33% of the 28,000 MUTT 28,67% of the 3 Han JUTT 21,000 KUT 21,000 KUTT 5.00% of the aggregate 420,001 share 10% of the aggregate

C. On March 29, 2013, the Defendant Company borrowed KRW 9 billion from Handi Co., Ltd. (hereinafter “Korea”) with a view to securing the above loan obligation against Handi, and the Plaintiff Company created a pledge on KRW 371,001 of the shares of the Defendant Company owned by Handi on the same day.

As the Defendant Company was unable to receive the above loan from the Defendant Company, on January 9, 2015, the Defendant Company’s shares 371,001 shares of the Defendant Company (hereinafter “D”) offered as security was sold to D Co., Ltd. (hereinafter “D”) for KRW 1 billion.

E. On January 7, 2015, the board of directors held on the part of the Plaintiff Company B (hereinafter “Plaintiff B”) issued 3,023,537 shares (ordinary shares, face value 5,00 won) on January 16, 2015 and allocated 3,023,537 shares (ordinary shares, face value 5,00 won) among them to the Plaintiff Company B, and 3,023,539,175 shares (hereinafter “Plaintiff B”) acquired all new shares allocated as above.

F. The status of holding 3,782,713 shares issued by the Defendant Company as of February 5, 2015 (=420,001 + 3,362,712 shares) is as follows:

No. 2 No. 1, Plaintiff B 3,023,537, 79.93% D 371,001,9.81% of September 3, 339,175,8.97% of the number of shareholders.

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