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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant B and the Defendant B Co., Ltd. (hereinafter “Defendant B”) are the major shareholders of the Co., Ltd. (hereinafter “C”) which is a company listed on KOSDAQ, and D are the representative directors of E Co., Ltd (hereinafter “E”).
B. On September 29, 2010, E drafted a MOU with the Defendants on September 29, 2010 relating to management rights and stock acquisition contracts (hereinafter “instant MOU”). The main contents are as follows:
(‘A’ means the Defendants, “B” means E, and “subject company” means “B,” and detailed contents are referred to in subparagraph 1 of Article 2. [See subparagraph 1] [the aggregate of management rights and stock acquisition rights] management rights of the subject company and the acquisition price of stocks by major shareholders shall be KRW 12 billion, and the number of stocks to be traded shall be 4,88,174 shares of the subject company.
Article 3 [Payment of Deposit for Actual Inspection and Inspection to Subject Company] B shall pay 100 million won (1.00,000,000 won) with the deposit for actual inspection to the subject company, and the deposit may be substituted with the down payment immediately after this contract is concluded.
C. On December 14, 2010, Liz Co., Ltd. (hereinafter “Liz Co., Ltd”) entered into a contract with the Defendants for acquisition of stocks and preemptive rights to purchase C’s stocks and preemptive rights in KRW 4,226,296,697 (hereinafter “instant first contract”). The detailed content was see evidence 2) and E participated in the said contract as interested parties.
E On December 16, 2010, between the Defendants and the Defendants, entered into a contract for acquisition of shares and management rights to purchase KRW 6 billion of shares of KRW 4 million (2,31,420 of shares owned by Defendant B with KRW 1,68,580 of shares owned by e-mail) (hereinafter “instant 2 contract”). The details of this contract are as follows: (a) and (b) E.