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(영문) 서울행정법원 2015.06.25 2014구합74503
증권거래세경정거부처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The gold Industry Co., Ltd. and the Plaintiff’s acquisition of shares in Daewoo Construction Co., Ltd. (1) The gold Industry Co., Ltd. (hereinafter “gold Industry”).

The five companies in gold Asia and the Department, including Geumho-si Co., Ltd. and Asian Aeronautical Co., Ltd., are investors, including the Plaintiff (hereinafter referred to as “financial investors”), around 2006.

) Treatment Construction Co., Ltd. (hereinafter referred to as “Treatment Construction”) together with

) the consortium for acquiring the shares (hereinafter referred to as “gold- Asian or consortium”)

The gold Industry constituted a contract with a financial investor on November 15, 2006 for the acquisition of shares of Daewoo Construction (hereinafter “instant agreement”).

(2) The financial investors under the contract between the shareholders of the instant case held a sale option to purchase the gold industry at the base price calculated on the basis of the guaranteed return rate if the stock price of Daewoo Construction did not reach a certain rate of return (9 per annum) within three years.

3) Gold Asian or consortiums constitute 244,665,611 shares of Daewoo Construction from the Joint Sale Council composed of nine institutions, including the Korea Asset Management Corporation, on December 15, 2006 ( approximately 72% of the total number of shares issued)

B) The Plaintiff acquired KRW 26,262 per share. (b) Financial investors were able to exercise the right of option of sale under the contract between the shareholders of the instant case; and (c) on December 14, 2009, an agreement was made between the gold industry and a creditor bank’s meeting for the commencement of joint management procedures by creditor financial institutions under the Corporate Restructuring Promotion Act or the creditor bank’s meeting for the commencement of joint management procedures by creditor financial institutions under the Corporate Restructuring Promotion Act.

2 On December 30, 2009, the gold-ho industry applied for a joint management proceeding by creditor financial institutions, and it is against the gold-ho industry.

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