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1.(a)
Plaintiff
Between A and Defendant D, shares 150,000 shares issued by F Co., Ltd. (10,000 shares per share) 5.
Reasons
1. Indication of claim;
A. The Plaintiffs are shareholders holding 50,000 shares each of 150,000 shares issued by F Co., Ltd. (hereinafter “F”) around March 31, 2015, and Defendant D is the F’s representative director, and Defendant E is G’s employees as G’s employees.
After the change of F’s head office, the Plaintiffs, Defendant D, and G entered into an agreement between Defendant D and G to manage F as a joint representative director, and accordingly, Defendant D and G were registered as a joint representative director of F on March 31, 2015.
B. On June 3, 2015, the Plaintiffs agreed to transfer the shares held by the Plaintiffs to Defendant D and G’s fraudulent Defendant E so that Defendant D and G can operate the company with a sense of responsibility. On June 3, 2015, the Plaintiffs entered into a share transfer contract (hereinafter “instant contract”) with the Defendants.
1) The Plaintiff sold F’s 45,000 ordinary share amounting to KRW 10,000 per share amounting to KRW 450,000,000. The Plaintiff sold F’s 5,000 common share amounting to KRW 50,000 per share amounting to KRW 10,000. The Plaintiff Company sold F’s 12,500 common share amount to Defendant D’s 125,000,000. The Plaintiff Company sold F’s 12,50 shares amounting to KRW 125,000 per share amount.
3 Plaintiff C sold to Defendant D 12,500 common shares of F in KRW 125,00,000 per share of KRW 125,00.
C. After the conclusion of the instant contract, the Plaintiffs continuously sought payment of the share transfer price to the Defendants, but the Defendants did not pay the share transfer price in face to multiple reasons.
On July 19, 2016, the Plaintiffs expressed to the Defendants a wish to cancel the instant contract on the grounds of the Defendants’ delay of performance. In order to ensure this, the Plaintiffs and the Defendants have also prepared a written confirmation that the share transfer contract will be reversed.
According to the cancellation of the instant contract, F’s shares transferred to the Defendants are all owned by the Plaintiffs, and the Defendants’ list is recorded.