손해배상(기)
1. The defendant is 5% per annum from April 15, 2009 to August 25, 2009 to the plaintiff as to KRW 9 billion.
1. Basic facts
A. The plaintiff is a stock company established on July 10, 1997 for the purpose of manufacturing and selling apparatus and equipment used to manufacture semiconductors. The defendant was a person who continuously worked as the representative director of the plaintiff around that time.
B. Around June 2007, the Defendant requested C and the management right disputes that are the largest shareholder of the Plaintiff, and requested D to become one of their friendly forces. On August 30, 2007, the Defendant agreed with E and the following contents with D as representative director (hereinafter “E”).
(1) E shall accept convertible bonds ($5 million in total face value) issued by the Plaintiff on August 31, 2006 at US$ 6750,000.
(2) Upon request by E, the Defendant shall pay to E an amount (6,983,212,50 won) calculated by adding 10% to the above subscription price (6,983,212,50 won) for the month in which the date on which one year has elapsed from the date on which E paid the subscription price falls, and shall take over the above convertible bonds (if converted to shares
C. After accepting the above convertible bonds, E acquired 1,530,670 shares issued by the Plaintiff by exercising the convertible right on September 6, 2007. Around that time, E acquired 503,412 shares through the purchase in the country, and became a friendly force of the Defendant.
Around February 13, 2008, the Defendant was delegated by E to sell the above shares of E from the Defendant and E to sell them more than the agreed amount. Around August 2008, a transfer contract was concluded between F and F, but the sale was not completed even after the lapse of one-year period stipulated in the above agreement.
E. On September 16, 2008, the Defendant concluded a supply contract on behalf of the Plaintiff with G Co., Ltd. (hereinafter “G”) on behalf of the Plaintiff (hereinafter “instant supply contract”), and the Plaintiff paid advance KRW 9.7 billion to G on October 2, 2008 in accordance with the instant supply contract.
(1) The Plaintiff is for seven years from 2010 to 2016.