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(영문) 서울중앙지방법원 2020.11.12 2020가합552088
주권 발행 등 청구의 소
Text

With respect to the registered common shares of 500 won per share, 818,178 shares:

A. The plaintiff A. Investment Association.

Reasons

1. Facts of recognition;

A. B Co., Ltd. is a corporation established for the purpose of investing in small and medium enterprises and venture businesses, and is authorized to manage and operate the assets of the Association and to file lawsuits with the Association in accordance with the regulations of each Association, as an executive member of a A.I. Investment Association (hereinafter “A.I. Investment Association”) and a C. Investment Association (hereinafter “Secondary Investment Association”) established for the purpose of investing in agricultural and food enterprises pursuant to Article 11 of the Act on Formation and Operation of Agricultural, Fisheries,

B. On June 19, 2014, Plaintiff 1 Investment Association Co., Ltd. entered into a contract with the Defendant to acquire KRW 818,178,000 per share of KRW 6,363 per share of KRW 6,363 per share of the Defendant’s preferential redemption conversion (hereinafter “Plaintiff 1 Investment Association”) and paid the said acquisition price in full.

Plaintiff

The executive partner B Co., Ltd. of the 2nd investment association entered into a contract under which the defendant takes over KRW 181,812,000 per share of KRW 6,302 per share of KRW 181,812,00 (hereinafter “the second acquisition contract”) with the defendant and paid the above acquisition price in full.

Part I and two acceptance contracts relating to this case shall be as follows:

Article 12 (Contents of Preferential Rights) The details of preferential rights to be issued pursuant to this Agreement shall be as follows and Articles 13 through 18:

(1) In the distribution of dividends and remaining assets, a preferential right shall exist for common shares, and a convertible shares, interest redemption shares, and voting rights shall be given for the conversion and redemption as specified otherwise.

2. The duration of this Preferred Shares shall be ten years, and shall be automatically converted into common shares on the date following the expiration of the duration, if they are not converted into common shares within the duration.

Article 15 (Matters concerning Conversion) (1) An underwriter shall convert the preferential share issued under this contract from the first issue date to the ordinary share at any time before the expiration of the term.

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