beta
Text
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.
2...
Reasons
Basic Facts
B On July 11, 2012, when acquiring KRW 100,000 of shares (the common shares to be converted into registered convertible shares; hereinafter “instant shares”) issued by the Defendant (hereinafter “B”) from the Defendant on July 11, 2012, 100,000 of the purchase price of shares, 102,00,000 of the purchase price of shares on a contractual date, and the remainder shall be paid immediately after all of the redemption convertible shares (hereinafter “priority shares”) were converted into common shares; the outstanding base date of the remainder shall be August 1, 2012; the outstanding base date of the remainder shall be the front of the preparation date of the remainder; and a stock acquisition agreement was concluded to reverse a contract without completing deposit within seven days after the completion of the conversion into common shares; and paid KRW 100,00,00 of the purchase price to the Defendant as the contract deposit (hereinafter “instant acquisition price”).
On July 11, 2012, C Co., Ltd. (hereinafter “C”) with the actual representative of the Plaintiff entered into a share acquisition agreement with B to acquire KRW 540,000,000 of the instant shares as KRW 540,000. However, the payment method of share acquisition price and the down payment payment clause were the same as the share acquisition agreement between B and the Defendant, and the Plaintiff paid KRW 108,00,000 as down payment on the said contract date.
Upon the conclusion of the instant stock acquisition agreement, the Defendant requested Led Co., Ltd. to convert 28,000 shares into common shares and converted into 102,662 shares, and notified that the conversion was completed to B, and requested to pay the balance by August 1, 2012, which was scheduled.
However, B failed to pay any balance by August 1, 2012, and the Defendant requested the Defendant to postpone the payment date until August 14, 2012 and accepted it. However, B did not pay any balance by the delayed date, and the Defendant revoked the share acquisition contract on August 17, 2012.