계약금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the cause of the plaintiff's claim
A. On December 6, 2012, the Plaintiff and the Defendant, and the Plaintiff entered into a contract for acquisition of shares and management rights (hereinafter “instant share acquisition agreement”) with the effect that the Plaintiff shall pay each Defendant the remainder of KRW 6 billion to the Defendant by December 24, 2012, for each of the following: (a) the Plaintiff shall take over KRW 18 billion of common share and KRW 7 billion of common share (50 billion) at the face value of B Co., Ltd. (hereinafter “B”); and (b) the deposit KRW 1.8 billion on the date of entering into the contract; and (c) the intermediate payment KRW 10.2 billion on the date of entering into the contract; and (d) the balance of KRW 6 billion to the Defendant by February 28,
On December 6, 2012, the Plaintiff paid 1.8 billion won down payment to the Defendant in accordance with the instant stock acquisition agreement.
B. Since then, the Plaintiff and the Defendant agreed to change the payment date of the intermediate payment and the remainder to 3 p.m. on January 18, 2013.
C. However, on January 14, 2013, the Defendant unilaterally notified the purport that the instant share acquisition agreement will be rescinded.
Therefore, the Defendant is obligated to pay the Plaintiff the down payment of KRW 1.8 billion and damages for delay, as the restitution following the acquisition of shares in this case and the cancellation of the contract.
2. On December 6, 2012, the Plaintiff and the Defendant, and the Plaintiff, from the Defendant, acquire management rights of KRW 18 billion in common shares and KRW 7 billion in common shares of KRW 50 billion. The down payment amounting to KRW 1.8 billion on the date of conclusion of the contract, and the intermediate payment of KRW 10.2 billion until December 24, 2012, and the remainder amount of KRW 6 billion to be paid to each Defendant by February 28, 2013. The fact that the Plaintiff paid KRW 1.8 billion to the Defendant as down payment under the share acquisition agreement of this case does not conflict between the parties, or that the Plaintiff paid KRW 1.8 billion to the Defendant as down payment under the share acquisition agreement of this case may be acknowledged by taking into account the overall purport of pleadings as a whole in the statement in evidence No. 1, 2, 4, and 5.
However, the Plaintiff and the Defendant agreed to change the intermediate payment and the remainder payment under the instant share transfer agreement to the 3 p.m. on January 18, 2013, and the Defendant unilaterally agreed on January 14, 2013.