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  4. Corporate Advisory (Incorporation/Management/Tax/General Corporate Matters) & Litigation

Corporate Advisory (Incorporation/Management/Tax/General Corporate Matters) & Litigation

  • Practice Areas Introduction
  • Hankyul represents many clients in complex litigation cases involving all types of corporate law issues, including interpretation of the Commercial Code, the Financial Investment Services and Capital Markets Act, tax laws, the Monopoly Regulation and Fair Trade Act, and laws relating to listing and posting regulations, corporate governance, disputes over management right, listing (direct listing and back-door listing), defense against delisting, and financing of businesses.  With years of experience in advising on corporate litigation, we are able to promptly find and recommend the best solution tailored for the client with respect to all kinds of disputes and legal issues involved in the management of business.

  • Practice Areas
  • Advising on the Commercial Code, the Financial Investment Services and Capital Markets Act, tax laws, labor laws, and related regulations.

    Advising on and drafting various agreements and participating in negotiations

    Advising on and designing the structure relating to corporate governance and corporate restructuring such as merger and split

    Advising on corporate investment, inviting investment, financing, and collection of investment.

    Formulating strategies for attacking or defending management right

    Advising on a wide range of management right dispute cases such as invalidation of the issuance of new shares, prohibition against exercising voting right, invalidation of capital reduction, suspension of execution of a director’s duties, suspension of a director’s illegal conduct, cancellation of a shareholders’ meeting, and convocation of an extraordinary meeting of shareholders

    Providing representation in litigation regarding indemnification claim and other disputes relating to M&A

    Providing advice on and representation in litigation regarding disputes involving minority shareholders and class actions

    Filing a complaint and providing representation in various criminal cases such as embezzlement and breach of duty arising out of the management of business

    Providing advice on and representation in litigation regarding all other types of corporate law issues
  • Representative Matter
  • (1)  Management Right Dispute Litigation

    Numerous litigations regarding cleaning up of affiliated companies of C& Group – invalidation of the issuance of new shares by C& Hangangland Co., Ltd. and injunction against exercise of voting right.

    Defending against a shareholder derivative suit regarding confirmation of invalidity of capital reduction of International Construction Co., Ltd. and false entries in the business report

    Litigation over M&A of Sejong IB Technology Investment – injunction for execution of a director’s duty, claim for inspection of account books, claim for convocation of an extraordinary meeting of shareholders, and filing criminal charges.

    Litigation over disputes regarding management right of Koje Co., Ltd. (listed securities) – injunction against exercise of voting right, injunction suspending execution of a director’s duty, injunction suspending illegal conduct, and application for extension of the period for submission of creditors’ objection.

    Litigation over Daesung Mutual Savings Bank disputes about management right and shares – injunction against exercise of voting right, injunction suspending execution of a director’s duty, and injunction suspending illegal conduct.

    Litigation over disputes among largest shareholders of D&Eco (listed on KOSDAQ) – injunction prohibiting issuance of new shares and filing criminal charges.

    Litigation over disputes among minority shareholders of Korea Development Financing Corporation (listed securities) – injunction against holding a shareholders’ meeting and litigation seeking cancellation of a shareholders’ meeting

    Collection of investment in the numerous companies delisted from KOSDAQ in April, 2008 – claims for damages

    Litigation defending management right of Korea Tender (listed on KOSDAQ)

    Representation of the representative director of Human Com (listed on KOSDAQ) in a criminal case with respect to management

    Litigation over disputes between S&T and Seyang Shipping about management right

     

    (2)  Disputes among Minority Shareholders and Class Action

    Disputes over the merger of Hanil Synthetic Fiber and Tongyang Major – action seeking invalidation of the merger and action to determine the purchase price for shares

    Litigation seeking damages in connection with the accounting fraud of Hae Won Steel Tech. Co., Ltd. and International Construction Co., Ltd.

    Litigation seeking damages in connection with stock price manipulation of H&T Co., Ltd.

    Gloworks Co., Ltd. stock price manipulation case

    EXA E&C, Inc. accounting fraud and stock price manipulation case

    Accounting fraud cases of Sesil Corporation, TOZAI Holdings Inc. MCTT Core Inc. Daeyang Global Inc. and SeenTec Co., Ltd.

     

    (3)  Other Major Litigations

    Indemnification litigation in connection with the sale and purchase of shares of Aikang Remetech Co., Ltd.

    Litigation seeking damages in a fraud case in connection with the acquisition of shares of Tiniatek Co., Ltd.

    Litigation seeking damages in connection with the acquisition of Intercowel shares by Gentech Co., Ltd.

    Litigation against Jinro Co., Ltd. and others brought by Korea Development Financing Corporation seeking collection of investment

    Litigation over disputes about the merger of Hanil Synthetic Fiber and Tongyang Major (listed securities) – action seeking invalidation of the merger and action to determine the purchase price for shares