beta
Text
1. The issuance of new shares of 20,000 shares (ordinary shares, 10,000 won per share) made by the Defendant on January 14, 2016 is null and void.
Reasons
1. Basic facts
A. The Defendant (the first trade name was a stock company C, but was changed to D on April 22, 2014, and was changed to E Co., Ltd. on February 5, 2015, and again changed to B on August 12, 2016) was established on November 19, 2013 with capital of 30 million won (10 million won per share, 30,000 won per common share) as a company for slaughter business, etc.
B. From February 2015, the Defendant’s register of shareholders stated that the Defendant’s total 30,000 shares (51%) out of 15,300 shares (51%) were F’s wife G, the remainder of 14,700 (49%) owned by F.
C. As of March 26, 2015, a share transfer contract was prepared to the effect that the Defendant’s 14,700 shares held by F will be transferred to H in KRW 10,000 per share, and on the same day, a share transfer contract was drafted to transfer KRW 15,300 shares of the Defendant’s shares held by G in KRW 10,00 per share.
(A) No. 3, hereinafter “instant share transfer and takeover contract”). D.
H and I assumed office as a director of each defendant on March 24, 2015, and I was appointed as the representative director of the defendant on April 28, 2015.
From then to January 2016, the defendant's director had only the representative director I and in-house directors H.
E. A resolution was made to issue 20,000 common shares per share of 10,000 common shares per share at the Defendant’s temporary shareholders’ general meeting held on January 13, 2016 (hereinafter “the instant temporary shareholders’ meeting”).
F. The Defendant issued 20,00 new shares on January 14, 2016 according to the resolution of the above provisional shareholders’ meeting (hereinafter “instant issuance of new shares”). On the following day, the Defendant’s total number of issued shares was changed from 30,000 common shares to 50,000 common shares.
Article 9 (Preemptive Rights) (1) The shareholders of this company shall have the right to obtain new shares allocated in proportion to their shares held by them in issuing new shares.