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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendants are so-called “F”-based directors and joint representative directors, which are the primary supplier of parts, that manufactures automobile parts or parts thereof and supplies them to the completed tea company, G, etc. (hereinafter “F”).
The Plaintiffs, as shareholders of F, hold shares representing 150,000 shares of Plaintiff A, Plaintiff B, and Plaintiff C, respectively, holding shares representing 13,513,500 shares of F and holding shares representing 2.36% of the total shares of 13,513,500 shares.
B. On May 25, 201, H Co., Ltd. (hereinafter “H”) is a company established for the purpose of manufacturing and selling automobile parts, such as the panel category, for the purpose of manufacturing and selling automobile parts, and Defendant D’s vehicle I owns 100% of the shares as the representative director.
J Co., Ltd. (hereinafter “J”) owns 100% of its shares as the representative director, as a company established on June 10, 201 for the purpose of manufacturing and selling automobile parts, such as panel clothes, and Defendant D’s Samnam K as the representative director.
L Co., Ltd. (hereinafter “L”) owns 50% of the shares as the representative director, and M and N own 50% of the remaining shares as of March 21, 2014.
C. The F Council decided to transfer F’s gold business division to L on March 31, 2014, and L L acquired the gold business division from F in the amount of KRW 17.4 billion from F on April 1, 2014.
The Plaintiffs filed a suit against the Defendants on December 8, 2016 with F’s Auditor on the grounds that “In order for F’s directors to benefit Defendant D’s children, H, J, and L (hereinafter “instant affiliates”) controlled by the said children to engage in the same business as F, or to transfer F’s business to L, thereby causing damage to F.” However, F did not file a lawsuit within 30 days after receiving the aforementioned claim.
Accordingly, the Plaintiffs on January 11, 2017.