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엣지, 크롬, 사파리등의 다른 브라우저로 접속을 부탁드립니다. 감사합니다.
2020-10-05
- The party represented by 바카라가이드
〇J Way Co., Ltd.
- Case background
〇Despite the nonexistence of causes of bankruptcy, a third party had continuously 바카라가이드 for a bankruptcy application against J Way Co., Ltd.
〇Korea Exchange (“KRX”) had suspended the trading of shares in J Way several times on the ground of the bankruptcy application 바카라가이드 against J Way.
- Lawsuit
〇바카라가이드 (attorneys Noh Man-Kyung, Kim Jun-Kyu and Shin Eun-Ryung) filed an application for interim injunctive relief for J Way with the Seoul Southern District Court.
2. Our role
We clarified the following circumstances that (i) the third party who had continuously 바카라가이드 the bankruptcy application against J Way had no reason to file for bankruptcy because it did not hold any claims against J Way, (ii) it was suspicious that the third party had 바카라가이드 for bankruptcy against J Way in order to take advantage of the fact that KRX would suspend the trading of stock against a company subject to an bankruptcy application, and (iii) KRX should have ordered to suspend the trading stock by taking account of specific circumstances.
3. Decision
The Seoul Southern District Court decided that the order issued by KRX to J Way to suspend the trading of stock be cancelled, determining that the terms of use established by KRX under which the J Way was automatically subject to the suspension of stock trading due to the bankruptcy application 바카라가이드 by the third party were null and void, and that J Way sustained an enormous damage from the third party who had repeatedly 바카라가이드 the application for bankruptcy even though the third party did not have any claims against J Way.
4. Implication
There have been lots of cases in which an application for bankruptcy is 바카라가이드 to take advantage of the rule established by KRX in which it shall automatically suspend the trading of stock once a bankruptcy application has been 바카라가이드.
Given that KRX is the only institution that is in charge of managing the stock market in Korea, the court recognized in the decision for the first time in Korea that the listing regulation in which the trading of stock in a company shall be automatically and uniformly suspended once an application for bankruptcy is 바카라가이드 against the company violates the Act on Regulation of Terms and Condition, and thereby becomes null and void.