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The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is the Defendant B (hereinafter “Defendant B”) as of the date of the closing of argument.
(2) The Defendant C Co., Ltd. (hereinafter “Defendant C”) was transferred 74,200 shares of Defendant B from the Plaintiff to the Plaintiff’s internal director from December 1, 201 to January 9, 2017, respectively, as Defendant C’s joint representative director from September 1, 201 to January 9, 201, and died on October 27, 2017.
B. Defendant B, as the Plaintiff’s subsidiary company, owned 100% of the shares of the said Defendant Company. The Plaintiff’s representative director E decided to transfer the management rights with the shares of the Defendant Company F, G and D around early 2015, but F, G and D did not have any funds to acquire Defendant B. (2) F, G and D were transferred to KRW 74,200,00, out of the shares of the Defendant B owned by the Plaintiff around April 27, 2015, KRW 70,000, among the shares of the Defendant B owned by the Plaintiff around April 27, 2015. The conclusion of the principal contract for stock purchase and the payment of the purchase price for shares was made by undertaking to implement prior to December 2015, and was made to obtain the management right to F as the representative director of the Defendant Company B, G and H as the managing director of the relevant company, and the head of the relevant office of the relevant company’s appointment.
The main contract for the purchase and sale of shares (hereinafter referred to as the "main contract") was concluded between the parties following the date of November 11, 2015 (hereinafter referred to as "the date of conclusion of the contract").
1. Seller: The plaintiff;
2. Buyer: The former sentence of Defendant C – the seller entered into a promise to trade shares between F, D, and H on April 27, 2015.
The seller and the buyer entered into this contract in the course of performing the above commitment.
However, the buyer is the subject of the circumstances of the parties.