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(영문) 서울중앙지방법원 2014.01.23 2013가합526210
주식양도통지등
Text

1. Defendant D shall make 421,342 shares listed in the separate sheet to Defendant E on March 4, 2013.

Reasons

1. Basic facts

A. Defendant E (hereinafter “Defendant E”) is a company engaged in the development, manufacture, sale, and advisory business of pharmaceutical and pharmaceutical materials, and Defendant D is the largest shareholder and the representative director of the Defendant Company.

B. On June 4, 2012, the Defendant Company held a board of directors and decided on the issue price of new shares: “Types and Number of new shares: 2,001,160 common shares, the issue price of new shares: 500 won/share (500 won/share) and the method of acquiring new shares: The new shares shall be allocated in proportion to the number of shares held by the shareholders listed on the register of shareholders of the Defendant Company: Provided, That when the primary forfeited shares are disposed of, the two shareholders shall be given an opportunity to participate within 20% of the forfeited shares. The subsequent forfeited shares shall be determined by the board of directors by allocating three shareholders. The payment date of new shares was determined on October 18, 2012; the effective date of new shares: October 19, 2012.”

C. Around September 2012 to October 10, 2012, F discussed whether Defendant D and Defendant Company made an investment, and, on October 11, 2012, on behalf of Plaintiff B and Defendant D, Defendant D, the one’s wife, set KRW 707,535,500, which the Plaintiffs agreed to set and lend to Defendant D a total of KRW 707,535,50 to Defendant D on January 20, 2013, with interest rate of KRW 6% per annum, and with a view to securing this, set up a pledge right on KRW 1,264,026 (hereinafter “instant monetary loan agreement”) and a written agreement (hereinafter “instant agreement”).

Article 2 (Matters Concerning Acceptance of Monetary Loan Agreements and Forfeiture Rights) 1 of the Agreement, Defendant D borrowed KRW 707,535,500 from the Plaintiffs, and offered shares 1,264,026 issued by Defendant D as security, and the repayment date of borrowed amount was set on January 20, 2013. (2) The Defendant Company allocated 1,415,071 shares issued by Defendant D, the forfeited value of which was determined by the resolution of the board of directors on June 4, 2012.

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