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(영문) 서울서부지방법원 2020.04.16 2018가합37222
단기매매차익반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of manufacturing and selling clothes and is a corporation listed on the KOSDAQ market of the Korea Exchange.

The shares issued by the Plaintiff by April 2018 are total of 26,412,536 shares, and the shares with voting rights among them are 25,306,318 shares, excluding 1,106,218 shares.

B. On April 25, 2018, the Defendants concluded a share purchase contract with D (hereinafter “D”) and with F and G Co., Ltd. to purchase KRW 4,394,922 shares issued by the Plaintiff (hereinafter “instant shares”) from F and G Co., Ltd. for KRW 5,235 per share (hereinafter “instant share purchase contract”).

The details of the instant sales contract are as follows.

The seller’s purchase and sale shares (principal) G Co., Ltd. B 2,102,658 11,007,414,630 Defendant Co., Ltd. 3,804 19,913,940 F 951,3064,980,986,910 D 764,0088 4,000,680,680 E 573,0663,063,00,000,000,510 aggregate of 4,394,9223,07,416,670

C. The Defendants, D, and E sold 3,778,790 shares of the instant shares from May 12, 2018 following the instant share purchase agreement.

Accordingly, the number of shares issued by the Defendants, D, and E as of May 12, 2018 is as follows:

Defendant B2,102,658 1,486,526 616,132 Defendant C95,110 95,110 0 D 764,088 764,088 764,088 E 573,06 573,066 5760 0,394,9223,778,790 616,132 / [Grounds for Recognition] A, A,2,3,5, and 10

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendants owned more than 10/100 of the total number of the Plaintiff’s issued and outstanding shares together with D and E, or exercised de facto influence over the Plaintiff’s important management issues.

The Defendants, on April 25, 2018, sold part of the shares before May 12, 2018, within six months after purchasing the shares of this case.

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