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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 199,96,580 as well as the interest rate from August 7, 2015 to the day of full payment.
Reasons
1. The plaintiff's assertion
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on January 22, 2014 for the purpose of providing economic information and developing information and communication tools, and Defendant C is a shareholder of the Defendant Company.
B. On February 20, 2014, the Plaintiff entered into an investment contract with the Defendant Company to acquire 13,342 new shares issued by the Defendant Company in the aggregate of KRW 14,99,90 per share of KRW 14,99,96,580 per share (hereinafter “instant investment contract”). At this time, the Defendant Company D and Defendant C, the representative director of the Defendant, were interested parties.
C. According to the instant investment contract, the Plaintiff has the right to consent and consultation on the matters of management and E of the non-standing director and the representative director of the Defendant Company, and the appointment and dismissal of the representative director shall be notified in writing to the Plaintiff two weeks prior to the enforcement date and shall obtain the written consent from the Plaintiff. The consent of the general meeting of shareholders and the agenda of the board of directors shall be made prior consultation with the Plaintiff, and the Plaintiff shall be notified in writing if other serious
In addition, if there is a change or risk of change of inside directors of the defendant company, the plaintiff may immediately withdraw the investment, and the defendant company shall immediately repay the full amount of the investment, and if it violates this, it shall pay a penalty of 20 million won to the plaintiff, and the interested parties, such as the defendant C, should jointly perform their obligations with the plaintiff of the defendant company.
However, the defendant C and the husband of the defendant C filed an application for provisional disposition against D, which is a director of the defendant company, to suspend the execution of the duties of inside directors, and the defendant C also filed an application for temporary general meeting of shareholders for the dismissal and appointment of inside directors D and the permission for the convocation of general meeting of shareholders. Ultimately, the defendants violated the investment contract of this case.