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1. Of the judgment of the court of first instance, the part against the defendant shall be revoked, and all the plaintiffs' claims corresponding to the revoked part shall be revoked.
Reasons
1. Basic facts
A. In around 2005, including the establishment of E, Defendant and D established a company E (hereinafter “E”) that produces raw materials of cosmetics using plant stem cell cultivation technology, and immediately after that, they were in charge of the duties of a joint representative director.
At around October 2012, D is dismissed from office of representative director, and the defendant is in charge of the representative director's position alone.
B. Around 2010, the Defendant and D agreed to sell KRW 180,000 per share of the E’s shares held by them at KRW 500,000 per share, which was concluded in 2010 and the re-purchase agreement concluded at the end of July, 2013, and around 2010, the Defendant and D agreed to re-purchase KRW 1 million per share until the end of July 2013 (hereinafter “the so-called “the so-called “the so-called bubbckop agreement”).
C. On July 1, 2011, Plaintiff A acquired 208 shares of E from D to KRW 140,000 ( KRW 500,000 per share). At the time, Plaintiff A and D agreed to repurchase shares of KRW 750,00 per share until the end of July 2014 when Plaintiff A and D request for the purchase of shares so acquired, Plaintiff A and D agreed to repurchase the shares of KRW 750,00 per share until the end of October 1, 2014. Plaintiff B acquired the shares of KRW 200 ( KRW 500,00 per share) from D from August 1, 201, and Plaintiff B and D agreed to purchase the shares of KRW 750,00 per share until the end of July 2014, Plaintiff B and D agreed to purchase the shares of KRW 40,00 per share until the end of October 205.
(2) Each of the above contracts for the purchase and sale of shares was concluded by the Plaintiffs (hereinafter “each of the instant contracts for the purchase and sale of shares”).
In November 28, 2012, the Defendant acquired the entire shares of D from D on November 28, 2012, and also acquired D’s obligations to D and obligations related to B’s options in 2013.
E. The defendant's options.