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(영문) 서울중앙지방법원 2015.08.13 2014가합556355
신주인수권반환 청구
Text

1. Defendant C Co., Ltd. shall attach attached Form to the Plaintiffs

1. To deliver certificates of preemptive rights stated in the list;

2. The plaintiffs.

Reasons

1. Facts of recognition;

A. Status 1 of the Parties E Co., Ltd. (hereinafter “E”).

(2) The Plaintiff, as the largest shareholder of E, has been holding 1,938,00 shares out of E shares (42.69% of the total number of shares issued) and 1,938,00 shares (42.69% of the total number of shares issued).

Plaintiff

B as the wife of Plaintiff A, it holds 72,857 shares issued by E (1.64%).

F holds 320,571 shares issued by E (7.2%).

3) Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”).

(2) On June 29, 2012, the total number of outstanding shares of the Defendant Company is 200,000 shares as a company designed to engage in lighting design business. The Defendant D is the largest shareholder of the Defendant Company. (b) On June 29, 2012, E issued bonds with warrants of non-unregistered private placement, the total amount of face value of face value of which is 10 billion won.

Gavi Capital Co., Ltd. (hereinafter referred to as "Gavi Capital") and Gavi Capital Co., Ltd. (hereinafter referred to as "Gavi Capital") acquired the above bonds subject to the preemptive right in KRW 5 billion, respectively.

The bonds with preemptive rights can be transferred separately from the bonds with preemptive rights, which are bonds with preemptive rights.

2) The instant preemptive right of 633,979 note 63,979, as indicated below, shall be construed as “the instant preemptive right” (hereinafter “instant preemptive right”).

B) Separately transferred to the Plaintiffs and F in total KRW 300 million. The total face value of the seller’s preemptive right to new stocks is KRW 316,990,000 KRW 316,000,000 KRW 211,327,000 KRW 211,327,000 KRW 21,132,00 KRW 21,132,00 KRW 84,530,00 KRW 633,979 [mark]

C. The plaintiffs and F's preemptive rights to new stocks of the plaintiffs and F are sold to the defendant company in this case.

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