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In a case where a company issued a divisible bond with warrant (BW) that allows a separate transfer of the preemptive right to new stocks (“preemptive right”), and attached a condition to the bond, the so-called “refixing clause” which lowers the exercise price of the preemptive right when the market price of stocks drops, whether a holder of the preemptive right may bring a lawsuit to compel the issuing company, which refuses to lower the exercise price of the preemptive right to new stocks in line with the decline of the market price of shares, to implement the procedure of lowering the exercise price of the preemptive right (affirmative in principle), and whether the lawsuit compelling price adjustment is permitted regardless of whether the preemptive right to new stocks is exercised or not (affirmative)
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