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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. The Defendant’s establishment and holding shares of D Co., Ltd. are KRW 500 million on October 16, 2005, and the Defendant established and held D Co., Ltd. (hereinafter “D”) which is a corporation for the purpose of software development and sales business.
B. On February 2, 2006, the Plaintiffs entered into a transfer contract for the shares issued by the Plaintiffs and the Defendant D (hereinafter collectively referred to as “instant share transfer contract”) with the content that the Defendant acquires 5000 shares (10% of the total shares 50,000 shares) issued by D in the name of Dong-in (hereinafter referred to as “instant share transfer contract”) from the Defendant to KRW 150,000,000 each, respectively.
(2) The Plaintiffs thereafter paid the Defendant totaling KRW 300 million according to the instant share transfer contract.
3) The Plaintiffs concluded the instant share transfer contract and did not receive share certificates from the Defendant or complete the transfer procedure. C. D division and F.C. 1) The Defendant decided to sell G limited liability company owned by D and take over F.F., a KOSDAQ-listed corporation (hereinafter “F”), and decided to divide D in order to obtain tax preference in the process.
On October 2, 2007, the above agenda was approved at the temporary shareholders' meeting of D held on October 2, 2007.
2) The Defendant divided D on November 9, 2007 part of H Co., Ltd. (hereinafter “H”).
Corporation I (hereinafter referred to as “I”) was established and the name of D is set up.
3) On December 4, 2007, the Defendant entered into an agreement on acquisition of assets with respect to transfer to F the entire equity shares of F and the Defendant, E and J (i.e., KRW 39.55770,700,000 per share (=315,150,000 per share x 125,338 shares).
4 The defendant received the transfer price of the above asset acquisition agreement from F, and then received it from H’s capital increase with capital increase and H’s capital increase.