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1. The Defendant: KRW 15,00,000 for each of the Plaintiff A and D, and KRW 10,000 for each of them to Plaintiff B and C; and each of them on April 1, 2016.
Reasons
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in each statement of evidence Nos. 1 to 6.
1) Co., Ltd. F (hereinafter “F”)
(2) On July 24, 2015, the Plaintiffs transferred each of the above shares to the Defendant at a face value of 5,000 won on July 24, 2015.
B. According to the above facts of recognition, the defendant is obligated to pay the plaintiff A and D 15,00,000 won each (3,000 won x 5,000 won) to the plaintiff B and C respectively (2,000 won x 5,000 won each) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 1, 2016 to the date of full payment after the duplicate of the complaint of this case is served.
(1) The Plaintiff claimed damages for delay from July 25, 2015, on the ground that the Defendant’s payment deadline for the acquisition price of the instant shares was set on July 24, 2015, but it is not sufficient to acknowledge the aforementioned assertion solely on the basis of each statement in the evidence Nos. 1 through 4, and there is no other evidence to prove otherwise. Thus, the obligation to pay the purchase price of the instant shares is an obligation for which the deadline has not been set, and the damages for delay is added from the date following the Plaintiffs’ claim for the performance as a copy of the instant complaint
2. The Defendant’s assertion and judgment: (a) the Defendant agreed with the Plaintiffs, including the acquisition price of the instant shares, when performing the installation of solar power generation facilities on the roof of a building on the lots outside G G in Chungcheongnam-nam budget-gun; and (b) the said installation was impossible due to the nonperformance of the Korea L&T, Inc., a lessor of the said building; and (c) accordingly, the acquisition price of the shares against the Plaintiffs cannot be paid.
However, each statement of Eul Nos. 1 to 5 alone is solar.