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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company aimed at the manufacture, wholesale, retail, etc. of plastic products, and is holding a patent right to “G” with D, along with D and F.
Plaintiff
B is a person who is operating the Plaintiff Company under a title trust with H all the shares issued by the Plaintiff Company that he owns, and also holds a patent right with regard to J, I, MMN limited liability companies, and D.
B. Plaintiff B proposed that the Defendant invested KRW 500 million in the Plaintiff Company and take over 35% of the total number of shares issued by the Plaintiff Company.
Finally, around July 22, 2015, the Plaintiff Company, B, Defendant, and H concluded an investment contract as indicated below (hereinafter “instant investment contract”).
Article 1 (Investment Amount and Method)
1. Defendant B (hereinafter “Defendant B”) shall invest KRW 37.5 million in Company A (hereinafter “Plaintiff A”) and shall subscribe Party A’s new shares and lend KRW 282.5 million in remainder to Party A as interest.
2.A shall issue 4,00 new shares as follows pursuant to this Agreement and assign 3,500 shares among them to B, and assign 500 shares to existing shareholders, and Eul shall accept them:
(1) Kind and total number of shares to be issued: Face value per registered ordinary share 4,000 won (2) per share: 5,000 won (3): The total amount of subscription price of 5,000 won per share: 1,75 million won (5) per gold: July 30, 2015
1. The ratio of shares in B shall, even after the lapse of the agreement with B, maintain 35 per cent unless the agreement to modify it is reached with B who is the actual manager B.
Article 5 (Composition of Officers)
1. The representative director shall be two persons, and one of them shall be appointed from among those who are designated by the existing stockholders, and the one shall be appointed as B; and
Joint representative director shall exercise his/her power of representation jointly, not by their respective representatives.
except that;