1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. The first instance court rendered a judgment dismissing all the Plaintiff’s claims claiming reimbursement of benefit and delay damages pertaining to the instant check, and the appellate court rejected the Plaintiff’s appeal even though the Plaintiff appealed, prior to the remanding. The Plaintiff appealed against this.

In this regard, the Supreme Court reversed the part concerning delay damages in the judgment of the appellate court before remand and remanded this part to this court.

Therefore, the subject of this Court's adjudication is limited to the part that was reversed and remanded as above in the Plaintiff's claim, i.e., the damages for delay for the Plaintiff's

2. Basic facts

A. D Co., Ltd. (hereinafter “B”) from February 11, 2010 to February 11, 2010

(C) from November 23, 2007 to November 23, 2007 (hereinafter “C”).

2) On November 25, 2010, E entered into a contract with D (hereinafter “instant acquisition agreement”) under which C will acquire management rights for B shares 1,636,126 shares and B owned by C in KRW 6 billion (hereinafter “instant acquisition agreement”).

In addition, while entering into the instant transfer agreement, E and C transferred the preemptive rights to approximately KRW 10,500,000 of registered common shares issued B (hereinafter “instant preemptive rights”) to a person designated by E, and E entered into a special agreement to exercise the instant preemptive rights on the date of entering into the instant transfer agreement (hereinafter “instant special agreement”).

The main contents of the instant special agreement are as follows.

1. As to the preemptive right of this case

D. C, after the date of entering into the instant transfer agreement, shall withdraw the premium paid due to the exercise of the instant preemptive right under the responsibility of E by means of a cashier’s check to the law firm designated by E, and guarantee the premium paid at the time of termination of the contract.