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1. Of the counterclaim of the Defendant-Counterclaim Plaintiff, KRW 100,000,000 and damages for delay shall be paid to C.
Reasons
1. Facts of recognition;
A. 1) The Plaintiff is a corporation C (hereinafter “C”).
(2) The defendant is a corporation with comprehensive business, investment consulting, etc. as its main business.
B. 1) On September 27, 2012, the Plaintiff entered into a contract for acquisition of shares and management rights (hereinafter “this case’s acquisition of shares and management rights”) with the purport that the Plaintiff would transfer the management rights of C& 640,000 shares and C owned by the Plaintiff to the Defendant for KRW 3.1 billion (hereinafter “this case’s acquisition of shares”).
In concluding the contract, the Plaintiff agreed to enable the Defendant to exercise put options with respect to 960,00 shares held by the Plaintiff. 2) The details of put options that the Plaintiff may exercise to the Defendant are as follows.
Article 2 of the Agreement on Acquisition of Shares and Management Rights (Article 1 of the Agreement on Acquisition of Shares and Management Rights). ① Shares subject to put options: Total amount of shares of the company subject to put options: 9.60,000 shares of the company subject to put options: (2) The following is followed, counting from the date of transfer of management rights. The date of notice of put options is within the period of exercise of put options.
③ The amount of put options is KRW 4,844 per share (4,40,000,000 in total, KRW 960,650,240,000 in total, and KRW 1,453,200 within one month from the date on which six months elapsed after the date on which the date on which the management right of put options was transferred, and KRW 300,000 in total, KRW 1,937,600 in total, KRW 960,000 in total, KRW 960,000 in total, KRW 4,650,240,000 in total, within one month from the date on which one year elapsed after the date on which the management right of put options was transferred.
(6) As to the shares for which put options are exercised, the sales contract between the Plaintiff and the Defendant is deemed to have been concluded on the date of notification of put options, and the Defendant shall pay the sales price within seven days from the date of notification of put options.
(7) A seller shall pay a purchase price under paragraph (6).