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1. The Defendant (Counterclaim Plaintiff) paid KRW 250,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from July 1, 2017 to April 2, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On December 20, 2016, the Plaintiff entered into a share acquisition agreement with the Defendant to transfer KRW 550 million (hereinafter “instant purchase agreement”) of KRW 110,000,000 of the shares of Co., Ltd. (hereinafter “C”) owned by the Plaintiff to the Defendant (hereinafter “instant purchase agreement”).
Section 1:This Agreement is intended to transfer to B (hereinafter referred to as "B") the shares of C Co., Ltd. (hereinafter referred to as "the shares") owned by A (Transferr, hereinafter referred to as "A") (hereinafter referred to as "the shares")
Article 2:Subject Matter of this Agreement and Terms and Conditions of Share Transfer are as follows:
1) Issuance Company: C2) Number of stocks unit price of KRW 30,000 (110,000): The total amount of KRW 5,000 (5,000): KRW 30,000 (550,000),00,000: A shall pay KRW 100,000 (10,000) as down payment by December 30, 2016 pursuant to the provisions of Article 2, and shall pay KRW 200,000 (20,000,000) as part payment by January 31, 2017, and the remainder by January 31, 2017, the amount of KRW 50,000 (250,000,000) shall be paid to A by February 28, 2017.
(The Bank Account of A: Article 6: In the event that the contract under Article 3 is not fulfilled, this Agreement shall be terminated automatically, and the rights to the shares shall be extended to A.
In addition, the share price paid by B to A before shall be reverted to A as penalty.
B. On December 30, 2016, the Defendant paid the Plaintiff the down payment of KRW 100 million, and the intermediate payment of KRW 200 million on January 31, 2017, respectively, according to the instant sales contract.
C. After February 1, 2017, the Plaintiff and the Defendant entered into an additional agreement on the payment of the remainder of the instant sales contract and the transfer of C shares as follows.
(hereinafter referred to as “the instant additional agreement”). A CBE F GG C
D. On February 1, 2017, the Plaintiff and the Defendant agreed again to change the effective date of the transfer of C shares under the instant additional agreement into December 30, 2016.