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(영문) 청주지방법원 2015.12.09 2015가합21797
회사에 관한 소송
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a corporation that manufactures and sells high-molecule additives, and the plaintiff is a shareholder of the defendant who is a corporation that runs consulting business concerning financing business.

B. On November 3, 2014, the Defendant’s representative director B sent a notice of convening the 18th extraordinary shareholders’ meeting to the shareholders on the Defendant’s list. The date and time of convening the general shareholders’ meeting was indicated as “1:00 am on November 20, 2014,” and the purpose of the meeting was indicated as “approval of partial revision of the articles of incorporation, appointment of auditors, and limit of audit fees,” but the specific contents were not stated.

C. In the foregoing special meeting held on November 20, 2014, the term “the instant special meeting” means “the instant special meeting with the content of newly establishing Article 10(2)12 (see, e.g., the following provisions) of the Defendant’s articles of incorporation: (a) the amendment of the articles of incorporation was adopted; and (b) November 20, 2014 when the amendment of the said articles of incorporation was resolved;

A) The type of shares issued: The Defendant’s issuance price of 500 won per common share: the number of shares issued at 500 won per share: 1 million won per share holder (name 400 won per share, 400 million won per share, 200 million won per share, E 400,000 won per share, 200,000 won per share, 100,000 won per share: The acquisition method of new shares issued at KRW 50 million per share: The payment date for new shares issued at December 26, 2014: The bank and the name of the branch office of the Korea Development Bank: the name of the branch office of the Korea Development Bank.

D. On December 9, 2014, the board of directors held on December 10:0, 2014, the Defendant passed a resolution to issue new shares (hereinafter “new shares issued in this case”) with the following contents as indicated in the following table (the total number of directors and one total number of auditors present). The Defendant publicly announced the subscription for new shares issued in C Chungcheong Day (excluding the portion of the underwriter of new shares in the following table).

E. Of the instant new shares subscribers, E is the spouse of B, D is the director of the university of B, and F is the spouse of D.

D shall be KRW 20 million on November 17, 2014, F shall be KRW 100 million on December 11, 2014, KRW 200 million on December 23, 2014, and KRW 200 million on December 23, 2014 in case of E.

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