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1. Defendant B’s KRW 500,000,000 as well as 6% per annum from April 9, 201 to April 25, 201, respectively, to the Plaintiff.
Reasons
Basic Facts
On May 21, 2009, the Plaintiff entered into a contract with the Defendants and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to underwrite a total of KRW 1 billion per share of KRW 500,000 (amount of KRW 500 per share) with a total of KRW 5,000 per share of KRW 1 billion (hereinafter “instant new shares subscription contract”). On the following day, the Plaintiff paid KRW 1 billion for the above new shares subscription price to the Defendant Co., Ltd.
The main contents of the instant new shares acquisition contract are as follows.
Article 1 (Issuance and Acceptance of New Stocks)
1. On the premise that the Plaintiff acquires shares of E, whose head office is located in D,0109 and Gmany (hereinafter “instant German company”), the Defendant Company shall issue 200,000 shares registered ordinary shares (the face value is KRW 500,000) to the Plaintiff by the third party for each share of KRW 5,000 per share after concluding the business cooperation contract with the Defendant company for the purpose of acquiring 50% of the total number of shares issued by the same company by the old share purchase or new shares acquisition. The Plaintiff shall accept the agreement and pay the total acquisition amount in cash.
(2) On January 2, 200, the Plaintiff entered into the Mteembling with the instant German company to participate in the management or acquire the management right of the instant German company within one week, and the Defendant Company shall issue to the Plaintiff a registered common share of KRW 200,000 per share to the Plaintiff by a third party allocation method of KRW 5,000 per share, and the Plaintiff shall accept it and pay the total amount of the acquisition amount in cash.
(3) On the other hand, the Plaintiff entered into a capital increase contract or a old subscription contract with the German company in order to acquire management participation or management right of the German company in this case, and the Defendant company shall issue to the Plaintiff 2,00,000 shares (amounting to KRW 500 per share) of registered ordinary shares to the Plaintiff in the third party allocation method, and the Plaintiff shall acquire it and the total amount of the acquisition amount.