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1. Defendant (Counterclaim Plaintiff Co., Ltd.) C:
A. The Plaintiff Co., Ltd. amounting to KRW 250,000,000 and that on December 8, 2015.
Reasons
1. Facts of recognition;
A. The party status and the relation Plaintiff A (hereinafter “Plaintiff A”) are companies primarily engaged in education service, operation of private teaching institutes, and private teaching institute-related business. Plaintiff (Counterclaim Defendant B (hereinafter “Plaintiff B”) is a subsidiary company of Plaintiff A, which is mainly engaged in online education information industry, education-related database business, and Defendant C (hereinafter “Defendant Company”) is a company with the main focus of the online education information industry, education-related database business, and online advertising business. Defendant D is the representative of Defendant Company, and Defendant E is the general executive director of Plaintiff B.
B. On June 3, 2015, the Plaintiff A and the Defendant Company entered into an investment contract (hereinafter “instant investment contract”) with the Defendant Company on June 3, 2015, and the main contents thereof are as follows.
Section 1. (Purpose of this Agreement) The purpose of this Agreement is to determine the specific contents and necessary matters as a result of the Plaintiff’s decision to make an investment in the management of the Defendant Company on the condition of new shares and subscription (consultation) for the management development of the Defendant Company, and to provide for clarifying the rights and obligations between A and the Defendant Company.
In addition, when the sale of the defendant company is made, the defendant company A's preferential sale negotiation will be made.
Article 2 (Requisite for Investment) In order to make an investment under this Agreement, Plaintiff A may require the Defendant Company to satisfy the following conditions, and this Agreement shall not be concluded and shall be reversed if the said conditions are not satisfied:
- Verification of Results: Article 3 (Performance of Investment) of the Agreement with G (Performance of Investment) The Plaintiff A will invest the total amount of KRW 250,000,000 in accordance with the formation of this Agreement.
Article 4 (Acceptance of New Stocks) (1) In return for the investment of the Plaintiff A, the Defendant Company shall make all new shares and common shares per share.