beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On April 29, 2008, the acquisition of shares of the Defendant New Financial Investment Company and the joint and several sureties C’s joint and several sureties (hereinafter “D”) concluded a share acquisition agreement with the following contents (hereinafter “instant share acquisition agreement”) with the transfer of 2,67 shares out of 8,533 shares registered common shares of Nan-registered common shares of Nan Co., Ltd. owned by D to the Defendant New Financial Investment Company (the former mutual name: the new securities company) 8,533 shares registered common shares of Nan, a Japanese corporation, to KRW 9,534,490,000.
(1) Article 2 (Payment of Transfer Price) (1) The sale price of the stocks subject to sale shall be KRW 9,53,490,000 per share [2,67 shares x 375,00 United Nations = 1,000,125,000 per share x 1,000,125,000 United Nations, and the rate of final sale publicly notified by the foreign exchange bank on April 14, 2008 (23 won per 100N) but the sale price shall be KRW 953,23 won per share];
(1) The transferee has the right to request the transferor to purchase all or part of the stock options held by the transferee to a third party designated by the transferor or the transferor, in case where any of the following causes arises.
ⅰ) When two years have elapsed from the date of termination of the instant stock acquisition agreement, at any time, payment suspension, default, composition, rehabilitation, statutory management, bankruptcy, dissolution, liquidation, and other similar causes, (ii) the acquisition price of put option stocks to be transferred to the transferor is calculated by adding the amount calculated by multiplying the acquisition price of put option stocks and the acquisition price of put option stocks to be transferred to the transferor by the rate of return (the annual rate of return calculated by 12% from the closing date to the payment date of put option).
Article 14 (Special Agreement on Expenses) The relevant expenses incurred in cases where the transferee concludes an agreement, etc. on the stock subject to sale acquired by the transferee to avoid exchange risks.