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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On July 5, 2010, the Plaintiff held registered common shares of D Co., Ltd. (hereinafter “D”) 2,000,000 (hereinafter “instant shares”) and resigned on January 18, 201 after he/she was appointed as the representative director of D.
B. E and F’s D acceptance process 1) E and F planned non-listed company G companies with interests with F by accepting listed companies and listing them in consequence of a merger with listed companies and bypassing their shares. Through C and H, the Plaintiff, a de facto major shareholder at the time and the KOSDAQ-listed company D and the Plaintiff, a de facto major shareholder at the time, were introduced and carried out the D acceptance process. 2) E goes beyond I, J, K and the Plaintiff, and F formed a D team in conflict with the Defendant, and E overall control over them.
3) First, around April 2011, E collected KRW 80 million from I, M, KRW 600 million from F, and KRW 1.5 billion from F to the Plaintiff’s account as contract deposit in order to negotiate acceptance upon the Plaintiff’s request (i.e., deposit in the name of C from April 28, 2011 to May 2, 2011).
(C) On May 15, 201, the Plaintiff, the buyer, and the Defendant entered into a share acquisition agreement with the effect that the Plaintiff acquires the instant shares and the management right in KRW 11 billion.0 billion. (c) After that, as a result of the Plaintiff-led inspection conducted by the F, E and F demanded the Plaintiff to lower the purchase price, based on the judgment that the asset value was excessively appropriated, and accordingly, the share acquisition agreement was entered into between the Plaintiff and the Defendant, and the Defendant, to sell the instant shares and the management right to the Defendant and C at KRW 8 billion (including the management right premium).
2) Accordingly, F procured KRW 1150,000,000, and KRW 350,000,000,000 each, and paid to the Plaintiff total of KRW 1.5 billion for intermediate payment (as of July 15, 201, KRW 1.5 billion was deposited in the Plaintiff’s account.
As above, transfer proceeds.