약정금
1. Of the judgment of the court of first instance, the plaintiff who falls under the amount ordered to pay to defendant B below.
1. Basic facts
A. The Plaintiff and the Defendant A Co., Ltd. (hereinafter “Defendant A”) are companies aimed at the development, manufacture, and sales of signal communications equipment and hardware, software development, manufacturing, and sales business. The Defendant B Co., Ltd. (hereinafter “Defendant B”) was the largest shareholder of Defendant A for the purpose of electronic electricity, maintenance equipment export and import business, agency business, etc., and Defendant C was the representative of Defendant A and Defendant B.
B. On March 7, 2014, the Plaintiff and Defendant B entered into a share acquisition agreement (hereinafter “instant share acquisition agreement”) under which the Plaintiff purchased KRW 400,000 from Defendant B to purchase KRW 880,000,000 per share (22,000 per share) (hereinafter “instant share acquisition agreement”).
At the time of entering into the instant stock acquisition agreement, Defendant B agreed to re-purchase the instant stocks held by the Plaintiff or a person designated by the Plaintiff as of October 31, 2014 at the time of entering into the instant stock acquisition agreement at KRW 3,210 per share.
C. At the time of entering into the instant stock acquisition agreement, the Defendants prepared and issued a written confirmation with the following contents to the Plaintiff:
(hereinafter referred to as “instant re-purchase guarantee agreement”). Defendant A, the largest shareholder of Defendant A, entered into a contract with the Plaintiff for trading 400,000 common shares owned by Defendant A, the largest shareholder of Defendant A, on March 7, 2014, guarantees the following cycle:
1. As of October 31, 2014, Defendant A agreed to purchase shares at the price of KRW 3,210 per share to the Plaintiff or the person designated by the Plaintiff (shareholders) who takes over the shares of Defendant B, but if Defendant B fails to comply with this, Defendant A’s warranty cycle.
This does not constitute a case where the plaintiff or the person designated by the plaintiff (shareholders) does not request the defendant B to purchase shares.
Plaintiff
B. The plaintiff