주식매매대금 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On December 11, 2015, Nonparty E, F, and G, who are specially related to the Plaintiffs and Plaintiff A, hold 120,000 shares issued by Nonparty H Co., Ltd. (hereinafter “subject company”), to sell to the Defendant a total of KRW 875,000 per share, KRW 77 billion per share, and KRW 77 billion per share (hereinafter “instant share sales contract”); and on December 31, 2015, the said share sales contract was concluded.
B. On December 11, 2015, the Plaintiffs entered into the instant share sales contract with the Defendant, and entered into a shareholder agreement on the management of the company and the remaining obligation to purchase and sell shares (hereinafter “instant share sales contract”). The details relating to the instant case are as follows.
The shareholder agreement was concluded between the following parties on December 11, 2015.
(1) The following existing shareholders (hereinafter “existing shareholders”)
1. Plaintiff A
2. Plaintiff B
3. Plaintiff C (2) Defendant (hereinafter referred to as “parties,” respectively, hereinafter collectively referred to as “parties”) (a) existing shareholders own 120,000 shares of common shares issued by the subject company as of the date of the conclusion of this stock agreement (100% of the total number of shares issued).
(b) On December 11, 2015, an investor entered into a contract with the existing shareholders, E, F, and G to purchase a total of 88,080 shares of common shares issued by the target company (hereinafter “instant share purchase contract”) (hereinafter “this case’s share purchase contract”). The instant share purchase contract is expected to be terminated prior to December 31, 2015.
(c) After the termination of the sales contract of this case, the existing shareholders own the remaining 31,920 shares issued by the subject company except for the old shares out of 120,000 shares issued by the subject company, and the investors own the old shares (D investors become shareholders of the subject company after the termination of the sales contract of this case).