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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiffs are shareholders holding the shares of G Co., Ltd. (hereinafter “G”), and the Defendant is currently the representative director of G.
B. Around September 2014, H, who was the former representative director and the largest shareholder of G, began negotiations on the transfer of stocks and management rights of G with I (the above company changed its trade name to J on March 30, 2016; hereinafter “J”) and G around September 2014.
H sold 1,849,350 common shares of G to the above company at KRW 17.5 billion (price per share 9,463) around October of the same year.
C. Accordingly, on October 2, 2014, the Plaintiffs, the minority shareholders of G, and the Defendants, K, L, M, and N, delegated the right to negotiate on the sale of shares to the Plaintiff with a view to jointly responding to the purchase of remaining shares by J, and agreed to prohibit individual contacts with the J.
(hereinafter “instant agreement”). Details of the instant agreement are as follows.
Shareholders intend to jointly negotiate with the parties to a transaction or a third party to sell the shares and management rights of G in relation to the recent contract for acquisition of the shares and management rights of G (hereinafter referred to as “this contract for acquisition of the shares and management rights”) by acquiring the shares and management rights of G as the small shareholders of G (hereinafter referred to as “the shares of this case”) at a price higher than the terms and conditions of sale under the contract (as the shareholders are known up to the present, 5,430 won per share and after 2 years).
(hereinafter referred to as “A” and “B” 1. A. A. The remaining Plaintiffs, Defendant, K, L, M, and N (hereinafter referred to as “B”) grant Party A the exclusive right to negotiate for the sale, etc. of the shares of this case on October 2, 2014 and delegate the voting right at the time of a general meeting of shareholders.
2. Eul shall not conduct negotiations, such as contact, contact, and consultation with any individual transaction party in any form without Gap's permission.
3. A shall be the case in good faith.