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(영문) 서울중앙지방법원 2015.06.25 2015가합8792
주식매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 320,040,00 and Defendant B with respect thereto from May 28, 2010 to June 8, 2015.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff and the Defendants on May 28, 2010, and the Plaintiff, Inc., Ltd. (hereinafter “NE”), respectively.

354,329,220 won of the preemptive right to new shares of the bonds with a face value of KRW 500 million issued by the Company, and 49,990,780 won of the exercise of the preemptive right to new shares of KRW 106,790 of the Company’s ordinary share of KRW 106,790 (hereinafter “instant shares”).

(2) The Plaintiff acquired shares, and if the Plaintiff requests the Defendants to redeem the shares at the same time as the following table, the Defendants jointly redeemed the amount of KRW 854,320,00 per share (i.e., KRW 106,790 x 8,000 per share) and the interest calculated at the welfare rate of 8% per annum from May 28, 2010 to the redemption date. If the redemption date is delayed, the share redemption agreement to repurchase the shares by adding the interest rate of 19% per annum to the interest rate of 19% per annum (hereinafter “instant repurchase agreement”).

A) The Plaintiff concluded a contract. From June 1, 201 to May 31, 2012, 201, 50% of the total contractual shares from June 1, 2012 to May 31, 2012, to May 31, 2013, 80% of the total contractual shares, from June 1, 2013 to May 31, 2013, 100 to May 31, 2013, the Plaintiff exercised the preemptive right to new shares under the instant repurchase agreement, and acquired the instant shares by paying 354,329,220 won to the Defendants.

3) On May 9, 2012, the Plaintiff requested the Defendants to repurchase 53,395 shares, which are 50% of the shares of this case, and accordingly, the Defendants paid the price to the Plaintiff. 4) The Plaintiff was a person who was paid 66,785 share out of the shares of this case, including the said 53,395 shares, from the Defendants, and requested the Defendants to repurchase the remaining 40,005 share out of the shares of this case with the delivery of the copy of the complaint of this case.

[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable to the plaintiff, and 40. of the shares of this case.

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