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(영문) 서울중앙지방법원 2016.03.31 2014가합58011
신주발행 무효의 소
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 Defendant (hereinafter “Dongyang Securities Co., Ltd.”) is a financial investment business entity whose purpose is to engage in investment brokerage business as prescribed by the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”), and the Plaintiffs are small-sum shareholders of the Defendant.

B. 1) Circumstances leading to the issuance of new shares in this case

(i) Dongyang International Inc. (hereinafter referred to as “Dongyang International”)

(2) The term “absive leisure” (hereinafter referred to as “absive leisure”)

(i) An affiliated company of the Dongyang Group, a large-scale conglomerate, was an affiliated company of the Dongyang Group, and the rehabilitation procedure was commenced on October 2013 with respect to five members of the Dongyang Group, including Dongyang, Dongyang Man-man International, and Dongyang Leisure (hereinafter referred to as “Dongyang incident”) due to liquidity crisis around October 2013.

(2) At that time, the co-managers of the East Asian Market and East Leisure (hereinafter referred to as “Gu owners”) holding 18,624,558 shares (14.93%) and 15,142,202 shares (12.13%) among the total number of the Defendant’s shares issued at that time are 124,785,824, on the ground that “the risk of self-existence of Asian culture is likely to be impossible due to measures taken by the financial authorities, including the early sale of old stocks, and the number of shares held by the East Asian Market and East Leisure (hereinafter referred to as “the East Asian Market”) is the first priority in the selection of the court on December 9, 2013, and the sale of the new Asian Market on the ground that “the new Asian Market is likely to continue to exist due to the depression of customers due to the East Asian incident,” with the permission of the court on December 12, 2013.

(B) On March 13, 2014, the Uanan Asia selected as a priority selling negotiating party (hereinafter referred to as the “Uanan Asia”) as a prior selling negotiating party.

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