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(영문) 의정부지방법원 고양지원 2018.09.21 2018가합71406
주식인도등 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiff A is the two-borns of the defendant, the plaintiff B is the defendant's pro-wins of the defendant.

B. On June 18, 2015, the Defendant subscribed to convertible bonds of an amount equivalent to KRW 100 million (hereinafter “instant convertible bonds”) generated by D Co., Ltd. (hereinafter “instant company”). On the same day, Plaintiff B purchased the instant convertible bonds of an amount equal to or less than KRW 50 million issued by the instant company.

in common, "each of the convertible bonds of this case" has been accepted and hereinafter referred to as "each of the convertible bonds of this case".

(C) Around that time, each of the subscription price was paid to the above company. Around January 11, 2018, the Defendant converted the convertible bonds into the shares of the instant company and converted the company’s shares of 200,000 shares to the shares of the instant company, and the Plaintiff B converted the company’s shares of 20,000 shares to the shares of the said company on the same day. [In the absence of any dispute over the grounds for recognition, each of the entries in Gap’s 1, 2, and Eul’s shares

2. The assertion and judgment

A. Plaintiffs A, B, and Defendant asserted that each of the instant convertible bonds was jointly invested at the ratio of 1:2:2, and agreed to distribute and transfer shares in accordance with the investment ratio immediately after conversion. As such, the Defendant’s share among the total 300,000 shares for which each of the convertible bonds has been converted is 120,000 shares (=300,00 shares x 2/5).

Therefore, the defendant is obligated to deliver 60,000 shares (attached Form 1 list) to the plaintiff A and 20,000 shares (attached Form 2 list) to the plaintiff B in 200,00 shares of the company of this case, which were acquired by converting the 1 convertible bonds into the 200,00 shares of the company of this case. If compulsory execution against delivery of each of the above shares is impossible, the defendant is obligated to pay damages corresponding to each share price (the plaintiff A: 60,000 won, and the plaintiff B: 200,000

B. In full view of each of the statements and arguments and the overall purport of evidence Nos. 1, 5, 8, 9, 11, and 13, Plaintiff B remitted KRW 40 million to the Defendant in relation to the acquisition price of the convertible bonds No. 1 on June 10, 2015, and Plaintiff A on June 6, 2015.

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