beta
Text
1. The Defendant’s KRW 225,374,987 as well as the Plaintiff’s annual rate of 5% from May 3, 2016 to November 15, 2018.
Reasons
1. Basic facts
A. C Co., Ltd (C, March 25, 2008, and March 28, 2014, changed the trade name to E Co., Ltd. on May 12, 2016; hereinafter “subject company”) is a KOSDAQ-listed corporation, the main purpose of which is entertainment business, entertainment business, and entertainment business, and the total number of issued stocks was 16,963,377 shares (ordinary shares) around March 28, 2016. The Defendant owned 1,515,74 shares ( approximately 8.93% of the total number of issued shares) among them.
B. On March 28, 2016, the Plaintiff and the Defendant entered into a contract for acquisition of shares and management rights with the purport that the Plaintiff would acquire shares of the subject company in KRW 1515,774 and management rights for KRW 17 billion. On the same day, the Plaintiff and the Defendant entered into an additional agreement with the subject company regarding the above share and management rights acquisition agreement (hereinafter referred to as “instant share acquisition agreement”). The share acquisition agreement and additional agreement are as follows:
Article 2 of the Agreement on Acquisition of Stocks and Management Rights (Won 17,000,000,000) shall be the sum of the acquisition price and the payment of 1.1. acquisition price.
2.The assignee shall pay to the transferor the sum of three hundred billion won (Won 3,000,000,000) out of the proceeds of the transfer as down payment at the time of the conclusion of this contract.
3.A transferee will deposit in a law firm (hereinafter referred to as “designated law firm”) designated by the transferee of the balance of the acquisition-price of KRW 14,000,000 (Won 14,000,000), one day before the day of the temporary shareholders’ meeting set forth in Article 3, and at the same time, the transferor will deposit in the designated law firm the share certificates of the entire shares (1,515,774 shares registered as common shares issued by the company).
However, the transferee shall conduct an inspection of the company in question within six business days from the date of the execution of this contract, and for five business days thereafter, and the transferor and the company in question shall cooperate therewith.
The standard date of inspection.