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(영문) 서울고등법원 2018.06.29 2018나2001818
회사장부열람 등 청구
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order to perform shall be revoked.

2...

Reasons

The defendant is a KOSDAQ-listed corporation that runs the export and import business of computer-related products, and the total number of shares issued by the defendant was 6,918,324 as of December 2015.

The representative director D held 1,217,643 shares (17.60% of the total number of outstanding shares) and was in the position of the largest shareholder.

Plaintiff

A Co., Ltd. (hereinafter “Plaintiff A”) is a corporation established on December 11, 2015 for the purpose of consulting services related to overseas and domestic financing business, domestic and foreign acquisition of companies, consultation services related to merger funds creation and operation, corporate acquisition, merger and consulting services, various securities, real estate investment and consulting services, etc., and Plaintiff B is a internal director, the representative of Plaintiff A, who owns all the shares issued by Plaintiff A.

On December 17, 2015, Plaintiff A acquired 670,000 shares among the Defendant’s shares, and Plaintiff B acquired 249,805 shares, respectively.

After December 21, 2015, Plaintiff B acquired 5,00 shares out of the Defendant’s shares issued, but disposed of 5,00 shares out of 5,00 shares, and finally held 29,805 shares issued by the Defendant.

On December 22, 2015, the Plaintiffs submitted to the Financial Services Commission and the Korea Exchange, pursuant to Article 154(3) of the Financial Investment Services and Capital Markets Act, a report on the holding of shares, etc. with the purport that the Plaintiff B, a person with special interest in the Plaintiff A and the Korea Exchange, acquired and held a total of 969,805 shares issued by the Defendant (29,805 shares owned by Plaintiff B, 670,000 shares owned by Plaintiff B), and the report was published around that time.

Plaintiff

B from January 27, 2016 to March 2, 2016, a total of 355,117 shares issued by the Defendant was additionally acquired and held 654,922 shares (35,117 shares acquired after January 27, 2016).

On March 4, 2016, the plaintiffs are the plaintiffs' total shares issued by the Financial Services Commission and the Korea Exchange.

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