제3자이의
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. The E Co., Ltd. (hereinafter “instant company”) completed the registration of incorporation on January 26, 2005 for the purpose of training institute business, etc. D was in office as a director and representative director of the instant company from March 27, 2006 to March 27, 2009.
From June 7, 2016 to the date, the Defendant was in office as an internal director of the instant company, and was in office as the internal director and the representative director of the instant company two times prior to that time (from June 17, 2005 to June 17, 2008, from August 10, 2010 to May 20, 2013).
B. The Defendant decided to purchase 40% of the shares of the instant company from D, and concluded a share sales contract with the instant company on June 1, 2005.
C. On February 2, 2006, the shareholder registry of the instant company stated that the Defendant among the entire shares was holding 1,450 shares (29%) of the Plaintiff, F was holding 150 shares (3%) of the Plaintiff, G was holding 400 shares (8%) of the 400 shares (8%) of the G, H and I held 1,50 shares (30%) of the instant company. On July 15, 2007, the shareholder registry of the instant company was held on July 15, 2007 by the Defendant 1,450 shares (29%) of the entire shares, F and G were 650 shares (13%) of the 250 shares (5%) of the J, Plaintiff A, 1,250 shares (25%) of the Plaintiff B, and Plaintiff B was holding 750 shares (15%) of the attached list (15%) of the Plaintiffs’ shares.
H signed on February 24, 2006, which decided to transfer 12.5 million won of the shares of the instant company to the Plaintiff A. The share transfer contract was signed on July 15, 2007, which decided to transfer 7.5 million won of the shares of the instant company to the Plaintiff B. < Amended by Presidential Decree No. 19508, Jul. 15, 2007>
E. The Defendant filed a lawsuit against D seeking the payment of a loan, and among the above lawsuit, D filed a counterclaim against the Defendant to seek the payment of the purchase price (Cheongju District Court Decision 2015Gahap744, 2015Gahap867, 2017). D on February 8, 2017.