주식인도 청구
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On March 2000, the Defendant was granted the right to purchase 450,000 shares of the said company from D Copo Corporation (the right to purchase 0.2 shares of the said company) (the right to do so).
B. Around December 16, 2003, the Plaintiffs remitted KRW 3.6 million to the Defendant each, respectively.
C. On December 17, 2003, the Defendant purchased 271,875 U.S. dollars 54,375 U.S. dollars (=0.2 U.S. dollars x 271,875 U.S. dollars) by exercising the above Stockholm options.
around October 2005, the Defendant sold 67,968 U.S. dollars 441,112 per share to Yhohodok Inc. (i.e., USD 6.49 x 67,968).
E. Around November 2005, the Defendant paid each of the Plaintiffs KRW 13 million.
F. Dorpo Corporation: (a) on April 12, 2007, the par value was divided into 1/4 of shares; and (b) on November 5, 2007, the mission was changed to E Limited.
As a result, the 203,907 shares owned by the Defendant (i.e., 271,875 shares - 67,968 shares) was changed into 815,628 shares owned by the Defendant (i.e. 203,907 shares x 4).
G. Around July 2009, the Defendant disposed of all the Eimited shares 815,628 shares owned by himself to other US$1,631,256 (=$2 US$1 share x 815,628 shares).
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Gap evidence 7-1, 2, Gap evidence 8-1, 2, Eul evidence 1 through 4, 7, 8, and the purport of the whole pleadings
2. The parties' assertion
A. On December 2003, the plaintiffs asserted that the defendant purchased 10,000 U.S. dollars 0.3 per share among the shares of the D Copo Corporation to be acquired by the defendant by exercising Stockholm options granted by the defendant from D Copo Corporation. On December 16, 2003, the plaintiffs paid 3.6 million won each of the above shares purchase price to the defendant on December 16, 2003.
In addition, considering the fact that it is difficult for the Plaintiffs to undergo the transfer procedure on the shares of D Copo Corporation at that time, the Defendant and the Defendant regarding the above shares.