대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Facts of recognition
The Plaintiff and D are those who were practically operating the Incorporated Agricultural Company E (mutually “F Co., Ltd. F, Ltd., hereinafter “E”), and the Defendants were those who invested in E.
On December 6, 2013, the Defendants purchased shares E (hereinafter referred to as “stocks”) from D to KRW 500 million (price 50,000 per share when referring to E shares). On the same day, Defendant B entered into a share acquisition contract with the effect that Defendant B would purchase shares of KRW 4,000 among them, and Defendant C would purchase each share of KRW 6,000 among them (hereinafter “instant share acquisition contract”). On the same day, Defendant B paid KRW 20 million to Defendant B, and Defendant C paid KRW 300 million to D as share acquisition price.
However, since D did not hold shares subject to sale at the time of the conclusion of the instant stock acquisition contract, on December 6, 2013, it purchased 9,000 shares from G from H on December 6, 2013, and received 2,500 shares from H on December 11, 2013, and received them around that time, and acquired 10,50 shares (9,000 shares) in total.
However, even thereafter, D did not perform the procedure of actually transferring 10,00 shares subject to the instant share acquisition contract to the Defendants.
On the other hand, Defendant B purchased shares of 5,000 shares from K on January 25, 2014 and transferred shares of 2,125 from K on January 27, 2014 at that time. Defendant C purchased shares of 3,750 shares from K on January 27, 2014 and was transferred around that time.
On February 13, 2014, the Plaintiff, D, and the Defendants: (a) established a corporate agricultural company (hereinafter “L”) and incorporated E into L Company; (b) accordingly, on February 13, 2014, the Plaintiff: (c) 8,625 shares; (d) KRW 177,25 million (price 20,000 per share); (e) Defendant B’s shares of KRW 7,125 shares (price 35,00 per share; hereinafter the same shall apply); and (e) Defendant C’s shares of KRW 3,750 shares at KRW 13,1250,125.