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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant is a company established for the main purpose of real estate development business, etc. around September 2004. The Plaintiffs are shareholders holding 3,000 shares of each of 20,000 shares issued by the Defendant prior to the occurrence of new shares stated in the purport of the claim (hereinafter “new shares issuance”).
B. (1) On March 19, 2015, the Defendant: (a) held a board of directors during the attendance of D, E, and F, a director; and (b) decided to issue new shares by issuing new shares in order to pay the construction cost related to the projects promoted by the Defendant; and (c) around that time, notified shareholders, including the Plaintiffs.
The kind and number of new shares: The issue value of new shares of KRW 40,000 for each share: The purpose of financing KRW 5,000 for each share: The capital increase of KRW 200,000 for related funds, such as operational funds and partial repayment of debts: The number of new shares allocated per share: The number of new shares allocated for each share: The issue value of capital increase of KRW 10,000 for each share: The date of payment on April 8, 2015: the date of payment on April 24, 2015: In principle, the new shares acquired shall be allocated in proportion to the number of shares held by each shareholder, but shareholders may waive all or part of their rights, and preemptive rights shall not be transferred.
Disposition of forfeited stocks: Decision by the resolution of the board of directors on the handling of forfeited stocks that may arise after the date of subscription.
(2) Accordingly, G paid and accepted each share price for 4,00 shares, H 6,400 shares, 14,000 shares, and 8,000 shares for forfeited shares. The remaining shareholders, including the Plaintiffs, did not make an offer for subscription to shares, thereby issuing a total of 32,400 shares for subscription.
D7,000 35% 29,000 29,00 5.34% B 3,000 15% 3,000 5.72% A 15% 3,000 3,000 5.72% G 2,000 10% 6,00 Ha 3,200 11.45% H 3,200 16% 9,600 18.32% 1,00 1,00 5% 1,000 1,000 5% 1,000 40% 80 1.52% 1,000% total 20,000%