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(영문) 의정부지방법원 고양지원 2018.12.14 2018가합73099
경영권양도 이행청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, as a KOSDAQ-listed company, published the Defendant’s new shares and convertible bonds to the Plaintiff or a third party designated by the Plaintiff upon consultation with the Plaintiff. At the time, the Defendant announced that the funds to be raised are plans to be used for business normalization, such as business investment and financial restructuring, in order to achieve business objectives.

(A) On April 3, 2018, a person eligible for allocation of the payment due date set for the Nos. 4 through 8, 207, 207 shares (ordinary shares) 3,99,99,85 shares for consideration on April 3, 2018; (b) on April 5, 2018, Plaintiff 5,405,404 shares for consideration (ordinary shares) 2,99,99,99,220 won on April 6, 2018; and (c) on April 3, 2018; (d) 3,333,3333 shares (ordinary shares) on April 3, 2018; and (e) on April 9, 2018, the Plaintiff acquired shares No. 940,39,99,750 shares on April 27, 2018; and (e) on May 19, 2018, the Defendant’s shares acquired shares No. 94.

(A) Evidence Nos. 9, 3, and 46 of this Court, and response to an order to submit financial transaction information to E of this Court). The Defendant held a board of directors meeting to change the due date for the issuance of new shares issued from May 25, 2018 to June 22, 2018; on June 21, 2018, the number of new shares issued from 13,33, 333 to 15,576, and 323 shares with respect to the above new shares issued from the Plaintiff to F (hereinafter referred to as “F”), from the Plaintiff to 9,99, 99, 750 to 9,99, 99, 99, 99, 366 won, and the due date for payment from June 28, 2018 to June 21, 2018; on the other hand, the Defendant changed the number of the above new shares issued from the Plaintiff to F (hereinafter referred to as “F”).

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