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(영문) 서울서부지방법원 2019.10.31 2019가합36721
단기매매차익 반환 청구의 소
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 Plaintiff is a stock company established for the purpose of business of manufacturing and selling medicines and radiation drugs on November 6, 2002, and whose shares of issued stocks are C marketF companies under Article 2 of the Framework Act on Small and Medium Enterprises, and is determined and publicly announced by the Financial Services Commission [the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

(see Article 11(2) of the Enforcement Decree.

A listed stock-listed corporation, and the defendant is a person who served as the representative director of the plaintiff from March 16, 201 to the date of closing the argument in this case.

B. On August 29, 2014, the Plaintiff issued the first-time bonds with non-registered private equity fund with the total amount of KRW 2,000,000,000 (hereinafter “instant bonds”). At the time of exercising preemptive rights attached to the instant bonds, the initial exercising price was set at KRW 5,000 per share (5,00 per share) and D (hereinafter “the instant fund”) acquired the entire amount of the instant bonds around the date of issuance of the instant bonds.

C. On August 28, 2014, E Co., Ltd. (hereinafter “E”) (a general partner of the instant fund) sold to the Defendant the part of the total face value of KRW 1,000,000,000 of the warrant certificates of warrants separated from the instant bonds (hereinafter “instant warrant certificates”) as the purchase price of KRW 50,00,000, and the purchase price payment date of the instant warrant certificates as of September 15, 2014. The Defendant paid KRW 50,00,000 to E and acquired the warrant certificates of this case by paying KRW 50,00,000 to the Defendant around the date of the payment of the purchase price.

On May 30, 2017, the Plaintiff issued 188,680 common shares (the face value per share 500 won per share; hereinafter “instant common shares”) at KRW 10,600 per issue value per third party in order to procure operating funds, etc., and the Defendant acquired the entire common shares by being allocated.

(e).

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