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1. The Defendant: 201,370,485 won to Plaintiff A; 78,867,255 won to Plaintiff B; 45,935,001 won to Plaintiff C; and 45.
Reasons
1. Basic facts
A. F Co., Ltd. (hereinafter “F”) between F and the Plaintiffs
(2) On September 2, 2007, F entered into a share purchase contract with the Plaintiffs for a total of KRW 9,522,519,400 per share of KRW 1,097,946 (hereinafter “instant share purchase contract”); on November 2, 2007, the Plaintiff paid KRW 5,047,848,60, and KRW 2,061,765,100 to the Plaintiff and KRW 1,211,405,70 to the Plaintiff; and KRW 1,50,50,500 per share of KRW 9,522,519,400 to the Plaintiff (hereinafter “instant share purchase contract”); and on November 2, 2007, the share purchase price was KRW 5,047,848,60; and KRW 2,065,100 to the Plaintiff and KRW 1,211,405,70 to the Plaintiff.
(2) As of November 12, 2009, F used loans to pay for the principal and interest of KRW 1,500,000,000 as of December 12, 200, as of December 31, 2010. (2) The Defendant used F with respect to the loan to pay for the principal and interest of KRW 1,00,000 as of November 28, 2008. (3) The Defendant used F with respect to the loan to pay for the principal and interest of KRW 1,50,000 as of November 12, 200.
2 The Defendant asserted that the instant sales contract in subrogation of F with respect to the Plaintiffs as the Central District Court 201Gahap51231 was null and void as a contract for the purpose of acquiring its own stocks, and sought partial return of the instant sales price.
On July 5, 2012, the above court accepted the Defendant’s claim on the ground that the instant contract for the purchase and sale of shares was null and void. However, in other words, the Plaintiffs asserted that the damages claim arising from the impossibility of performing the duty of restoration, such as the return of shares to the Plaintiffs of F due to the invalidity of the instant contract for the purchase and sale of shares, would offset the instant claim for the return of the purchase and sale of shares against the claim for return of the purchase and sale of shares, and then, Plaintiff A, Plaintiff A, Plaintiff A, and Plaintiff B, Plaintiff B, KRW 185,327,200, and Plaintiff B.