(영문) 서울중앙지방법원 2017.07.13 2016가합537860

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(영문) 서울중앙지방법원 2017.07.13 2016가합537860

신주발행무효

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1. Of the instant lawsuit, the Defendant’s ancillary disposition pertaining to the issuance of 60,000 ordinary shares of KRW 5,000 per share on September 21, 2015.

Reasons

1. Basic facts

A. On October 2, 2007, the Defendant was established as KRW 100 million capital (amounting to KRW 5,000 (amounting to KRW 5,00,00). 2) As of July 1, 2013, the total number of Defendant’s outstanding shares owned KRW 10,00 (50%) as of KRW 10,00 (50%) C, KRW 7,058 (35.29%) and KRW 2,942 (14.71%).

3) B died on June 4, 2013, and succeeded to the property of E, F, and G, the spouse of D and his/her children, E, F, and G, but received the adjudication of renunciation of inheritance on December 16, 2013, and D was subject to the adjudication of renunciation of inheritance on December 31, 2013. (B) The Defendant issued new shares 48,000 shares on July 31, 2014, following the resolution of the board of directors, and allocated them to E, E, F, and G (hereinafter “AV”) and B, non-human (hereinafter “AVR”).

(hereinafter “Issuance of New Shares”). Meanwhile, on December 15, 2014, ABB Investment transferred 3,400 shares out of 48,000 shares of the said new shares to H, 13,60 shares to H, 10,00 shares to F, 3,40 shares to F, 3,40 shares, and the transfer of ownership of each of the relevant shares was completed around that time.

2) On January 21, 2015, D and C filed a lawsuit seeking invalidation of the issuance of the preceding new shares as Seoul Central District Court 2015Gahap2336, and on January 28, 2015, the Plaintiff filed a lawsuit seeking invalidation of each of the preceding new shares under the Seoul Central District Court 2015Gahap50742, respectively, and each of the said lawsuits was combined (hereinafter referred to as “the lawsuit seeking invalidation of the issuance of the preceding new shares”).

C. On February 26, 2015, the Defendant issued bonds with warrants: (a) held the board of directors on February 26, 2015; (b) determined the total face value of 300 million won; (c) 100% of the face value of each bond; (c) the face value of each bond; (d) the surface interest rate of 8% per annum; (e) the maturity rate of 8% per annum; (c) March 3, 2018; (d) 100% of the face value of the exercise rate of preemptive rights; and (e) the class of shares to be issued, common shares

유사 판례

-서울중앙지방법원 2017.7.13.선고 2016가합537860 판결

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