부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On March 28, 2011, E, the Defendant’s representative director, transferred the preemptive rights amount of KRW 3.9 billion in total to the Defendant’s shares issued by the Plaintiff, which he/she and his/her wife, (E 1,945,181 shares, Plaintiff A206,010 shares) and the face value of such shares to KRW 1.4.5 billion, and the down payment amount of KRW 3.2 billion in total to KRW 3.2 billion in total at KRW 3.2 billion on the date of conclusion of the contract (the bank’s branch bank’s branch bank’s branch bank’s branch bank’s branch bank’s branch bank’s branch bank’s deposit and the second intermediate payment payment) between F, G, and H (hereinafter “F, etc.”), until March 15:00, 2011, the second intermediate payment of KRW 8.2 billion in total, before the date of the general meeting of shareholders for the appointment of directors and auditors, and the appointment of directors and auditors within 3.
At the time of the transfer of stock and management rights, E and F agreed that the special agreement shall be entered into in addition to the contract, and if the special agreement is part of the contract and the contents are different, the special agreement shall be entered into first.
(Article 17). (b)
E and F, upon establishing a special agreement on March 28, 201, entered into an annexed agreement, and this annexed agreement contains the content that E purchases KRW 2,288,000 per share of an affiliated company I Co., Ltd. (hereinafter “I”) owned by the Defendant under its own or a third party’s name as it designates, from the Defendant at the same time as the secondary intermediate payment is made under this agreement.
C. On March 31, 2011, E resigned from the Defendant’s representative director, and on the same day, F was appointed as the Defendant’s representative director and in-house director.
On April 6, 2011, the Defendant sold the Plaintiffs and I’s 600,000 shares (amount to KRW 500,000) to Plaintiff A for KRW 600,000, and shares to KRW 700,000, respectively, to Plaintiff C and B for KRW 700,000, and the purchase price shall be paid.