The costs of appeal are assessed against the defendant.

1. According to the reasoning of the judgment below as to the ground of appeal No. 1, in light of the facts and circumstances as stated in its reasoning, the court below held that, on December 10, 2001, Plaintiff A and Plaintiff B held 4,00 shares of H (hereinafter “H”) on December 10, 201, each of the 4,00 shares of H (40,00 shares after the split-off) were sold to H’s employees, and that the above Plaintiffs would have the ownership of shares of the same number as that of H, instead of selling them to H’s employees. The Plaintiffs concluded a title trust agreement that, on April 21, 2003, the Plaintiff would have the ownership of shares of 146,100 shares owned by the Plaintiff, 33,70 shares owned by the Plaintiff B, 42,120 shares owned by the Plaintiff, and 42,120 shares owned by the Plaintiff are not specified.

The Defendant’s assertion that an agreement under each of the instant notes constitutes a pre-payment agreement or quasi-loan agreement for consumption of stocks is rejected as stated in its holding.

Examining the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on title trust and quasi-loan agreement, or by failing to exhaust all necessary deliberations

2. As to the ground of appeal No. 2, the lower court comprehensively based on its reasoning, based on the following factors, etc., presumed that the management rights premium pursuant to the instant share acquisition agreement should apply to the shares owned by the Plaintiffs, which are held in title by the Defendant under the name of the Defendant, and that the said management rights premium should be divided based on the market price of common shares and preemptive rights sold through the instant share acquisition agreement, and then, based on the premise that the aforementioned method is reasonable, the sales price of the instant share acquisition agreement is deducted from the real profit.