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(영문) 서울중앙지방법원 2012.09.14 2012가합24830

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 600,000,000 and for this, 5% per annum from March 10, 2012 to April 16, 2012.

Reasons

1. Basic facts

A. The Plaintiff is an association established to make investments in small and medium enterprises and venture businesses, and the Defendants are those who were joint representative directors and major shareholders of C Co., Ltd (hereinafter “C”) established for the purpose of Internet service business, etc.

B. On September 6, 2010, the Plaintiff and the Defendants drafted a written agreement (hereinafter “instant agreement”) on the acquisition of shares to purchase KRW 4,500,00,300 ( KRW 1,700 per share, KRW 1,304,573,200, KRW 3,195,427,100 per share, and KRW 3,195,427,100 per share) with the Plaintiff’s shares listed on the KOSDAQ issued by C from the Defendants (hereinafter “instant agreement”). The main contents of the said agreement are as follows.

Article 2 / [Obligation]

1. In the event that the acquisition of shares of C (hereinafter “instant shares”) that was transferred to the Plaintiff cannot be sold for one year from six months after the date of the contract, the Defendants shall pay the Plaintiff the sum of the principal and five percent (5%) with respect to the purchase amount, and the Plaintiff shall immediately pay the Defendants the shares.

In addition, within the above period, the plaintiff should sell the shares of this case after agreement with the defendant.

2. In the event that the Defendants sold the Defendants’ major shareholders’ shares, the Defendants would give the Plaintiff an opportunity to jointly sell the instant shares acquired by the Plaintiff under the condition that the transferor would receive 50% of the management rights premium per share of the Plaintiff’s acquisition price per share in addition to the acquisition cost per share of the Plaintiff.

Provided, That this provision shall not apply to transactions with BIC (including third parties designated by it) in progress.

Article 3 【Method of Guarantee】

1. The amount corresponding to the difference between the sale price of shares sold by the Plaintiff and the principal of investment.