주식매매대금청구의 소
1. At the same time, the Defendant received shares in the attached sheet from the Plaintiff, as well as KRW 2,239,763,334, respectively, to the Plaintiff.
1. Facts of recognition;
A. On November 1, 2011, the Plaintiff entered into a share sales contract with the Defendant to purchase KRW 77,250 per share (hereinafter “instant share sales contract”) for the ordinary share issuance of M-Biz Glbal Sokel (hereinafter “instant English corporation”) owned by the Defendant, as a corporation established under the English law, under the terms of put-in options (hereinafter “instant share sales contract”).
B. The agreement on put in place options stipulated in the instant stock sales contract (hereinafter “instant put in place options”) is as follows.
① The Plaintiff, by December 31, 2013, has the right to sell all or part of the shares subject to sale to the Defendant by March 31, 2014, in the event that the English corporation did not list the shares on the KOSDAQ, the domestic securities exchange, or the foreign securities exchange.
(2) In the event of exercising put options, the Plaintiff shall give written notice to the Defendant of the claim for appraisal of stocks at least seven days prior to the scheduled date for trading under put options.
As of the 14th day after the date of the Plaintiff’s written notice (hereinafter referred to as “scheduled date of sale,” and in the absence of designation of the Plaintiff, the 15th day after written notice shall be deemed to be the scheduled date of sale), the following amount of shares on the written notice shall be deemed to be the sales price of shares, and a sales contract shall be deemed to have been concluded between the Defendant, the seller, and the Plaintiff, the
③ The sales price at the time of stock purchase following the Plaintiff’s exercise of put options shall be the sum of KRW 1,854,000,000 (the purchase price of stocks paid by the Plaintiff to the Defendant) and the amount calculated by applying 8% per annum from the date of payment of the purchase price to the scheduled date of sale
(4) Notwithstanding the plaintiff's request for purchase, where the defendant does not pay the sales price under the above paragraph (3), the defendant shall do so.