2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1...

A. The Defendant purchased KRW 20 million (hereinafter “instant shares”) from the deceased’s (Death on June 17, 2014) to the Hasheart Co., Ltd. (hereinafter “Hasheart Co., Ltd.”)’s shares held by the deceased, for KRW 20 million (hereinafter “the instant shares”). However, at the deceased’s request, the Defendant suspended the transfer of ownership and had the deceased manage the instant shares under title trust.

B. Around April 2005, Hart acquired and merged with the Hong Kong metropolitan private equity fund (AEP) and during this process, Hart’s shares were sold in public in KRW 340,000 per share, and the Deceased was paid KRW 6.12 million per share on April 6, 2005 by converting the shares of this case, including the shares of this case, and the shares of 180,000 per share, which were held in its name (i.e., KRW 18,00 per share x KRW 340,00 per share).

C. On May 4, 2012, the Defendant filed a lawsuit to the effect that, upon the sale of the instant shares against the Deceased, the Defendant was unable to perform its duty to return the instant shares to the Defendant, thereby incurring damages equivalent to the sales price of the instant shares. However, from June 15, 2005 to April 16, 2010, the Defendant was liable for damages of KRW 370,000,000, excluding the amount of KRW 310,000,000, which was received from the Deceased, out of the disposal price of the instant shares (hereinafter “related lawsuit”).

(2) On February 26, 2015, the first instance court and the appellate court (Seoul District Court Decision 2012Gahap5005, Daejeon High Court Decision 2013Na544) deemed that the deceased’s obligation to return the instant shares was impossible, and upon receiving the Defendant’s request, the court of final appeal (Supreme Court Decision 2014Da37040) rendered a judgment. However, on February 26, 2015, the deceased’s obligation to return the instant shares to the Defendant is not a specific property obligation, but a kind of obligation, barring special circumstances, such as the deceased’s acquisition and return of the shares.