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1. As to KRW 125,390,00 and KRW 3,512,704 among the Plaintiff, the Defendant shall start from July 22, 2017 to November 14, 2018.
Reasons
1. Facts of recognition;
A. The defendant is a holding company that has a company engaged in mobile-related business as its subsidiary, and the plaintiff is a person who has concluded a share sales contract with the defendant.
B. On April 3, 2017, the Plaintiff entered into a contract with the Defendant to sell to the Defendant KRW 1,450,340,000 (hereinafter “D share sales contract”) totaling KRW 1,270 per share of common shares issued by C, a subsidiary of the Defendant owned by the Plaintiff (hereinafter “D”) (hereinafter “D share sales contract”).
Article 3 of the aforementioned D Stock Sales Contract provides that “The buyer shall pay the seller the purchase price (1,450,340,000 won) under Article 1.2 as soon as the resolution of the buyer’s board of directors approves the implementation of this contract. In the event the buyer fails to pay the purchase price pursuant to this Article, the buyer shall pay the seller the interest equivalent to 10% per annum on the basis of the number of delayed days after calculating the number of days of delay to the seller.”
C. As between D and D on the same day, the Plaintiff entered into a contract to purchase KRW 1,193,50,000, totaling KRW 327 common shares issued by E, a second-tier subsidiary of the Defendant, Inc. (hereinafter “E”) holding by D, in total, KRW 3,650,00 per share (hereinafter “E Stock Sales Contract”).
The Plaintiff, the Defendant, and D have drawn up an agreement (hereinafter referred to as the “instant agreement”) containing the following contents on the same day:
Article 1 (Purpose of the Agreement) The purpose of this Agreement was to determine matters relating to the payment of each purchase price under the E Stock Sales Contract between A (referring to the Plaintiff) and B (referring to the Defendant) on the date of the conclusion of this Agreement, and between A (referring to the Defendant) and B (referring to D).
Article 2 (Payment of Purchase and Sale Price) The resolution of the board of directors of B on the implementation of the D Share Sale Contract and the resolution of D on the implementation of E Share Sale Contract.