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(영문) 부산고등법원 2008. 6. 13. 선고 2007나19723 판결
[신주발행무효][미간행]
Plaintiff, Appellant

Plaintiff (Law Firm Law, Attorneys Jeon Jin-jin et al., Counsel for plaintiff-appellant)

Defendant, appellant and appellant

Defendant Co., Ltd. (Law Firm Geosung, Attorneys Kang Jong-yeong et al., Counsel for the defendant-appellant)

Conclusion of Pleadings

May 16, 2008

The first instance judgment

Changwon District Court Decision 2007Gahap3117 Decided October 18, 2007

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of claim

The defendant's issuance of new shares of 155,246 common shares of 5,00 won per par value on April 21, 2007 is null and void.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

Reasons

1. The court's reasoning concerning the instant case is the same as that of the judgment of the first instance court, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act.

2. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

Judges Kim Shin (Presiding Judge)

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