MBK Partners, the private equity firm seeking to take over Korea Zinc, the world’s largest zinc smelter, faces accusations of betrayal for allegedly misusing confidential reports to launch a hostile bid against the company.

According to reports from the local investment industry on Monday, MBK had been among the potential partners for Korea Zinc’s ambitious “Troika Drive” and other new business initiatives in 2022. The firm reportedly gained access to sensitive information under a nondisclosure agreement signed with Korea Zinc at the time but ultimately chose not to invest in the company’s projects.

Just three months after the agreement expired in May, MBK teamed up with Young Poong, Korea Zinc’s largest shareholder and former ally, in a bid to seize control of the zinc smelter.

The non-disclosure agreement between the two firms is said to have included strict confidentiality clauses for all information provided by Korea Zinc, explicitly prohibiting its use for any other purpose, including actions that could affect corporate control, such as unsolicited acquisition attempts.

Industry insiders argue that three months is an unusually short period for MBK to negotiate and finalize the complex terms of its business cooperation agreement with Young Poong, which includes provisions like put and call options. This has raised suspicions that discussions may have begun before the expiration of MBK’s non-disclosure agreement with Korea Zinc.

Adding to these doubts, Young Poong adviser Chang Hyung-jin has hinted at the timing of the negotiations with MBK. In a prior interview, Chang revealed that the company first sought MBK’s counsel as part of its strategy to counter Korea Zinc’s new stock issuances and share swaps with stakeholders aligned with Chairman Choi, including Hyundai Motor Company and Hanwha.

Korea Zinc Chairman Choi Yun-beom has been actively working to expand the influence of his supportive stakeholders since announcing the "Troika Drive" strategy in 2022. The initiative aims to position the company as a leader in renewable energy, battery production and resource recycling, with a planned investment of 15 trillion won ($11.54 billion) by 2030. Reports suggest that MBK was among the potential investors approached by Korea Zinc to back the strategy.

Korea Zinc is currently reviewing whether MBK capitalized on the confidential documents to act against the company in its acquisition battle.

"MBK has consistently cited enhancing corporate value as the primary rationale for its hostile merger and acquisition bid, but if these allegations prove true, that justification could be seriously undermined," an industry insider said.

"MBK has effectively declared war on a local conglomerate, and the mere presence of such allegations is likely to make local companies wary of MBK and other financial capital, especially institutional investors managing public funds, such as pension funds."

In response to the accusations, MBK on Tuesday denied any wrongdoing, stating that it did not use internal information from Korea Zinc in its tender offer.

MBK’s claims indicate that its "buyout division," which conducted the recent tender offer for Korea Zinc shares with Young Poong, was separate from its "special situations division," which received the internal documents. The firm emphasizes that strict compliance measures and barriers were in place to ensure the two divisions functioned as distinct entities.

Currently, the MBK-Young Poong coalition holds a 39.83 percent stake in Korea Zinc, surpassing Chairman Choi and his alliance, which holds a combined 34.65 percent.

Korea Zinc's share price has risen for six consecutive trading days, fueled by anticipation of an extraordinary shareholders meeting next month, which is expected to be a pivotal moment in the ongoing management dispute. Surging 64 percent over the period, the price hovered around 1,479,000 won by noon Tuesday.