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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. On April 29, 2008, the acquisition of shares of the Defendant New Financial Investment Company and the joint and several sureties C’s joint and several sureties (hereinafter “D”) entered into a share acquisition agreement with the Defendant (hereinafter “instant share acquisition agreement”) on the share transfer of 2,67 shares out of 8,533 shares registered ordinary share shares of Nan-registered common share of 8,533 shares of Nan-registered common share of 9,534,490,000 shares, which are owned by D (hereinafter “instant share acquisition agreement”).
(1) The transferee has the right to request the transferor to purchase all or part of the stock options held by the transferee to a third party designated by the transferor or the transferor, in case where any of the following causes arises.
ⅰ) When two years have elapsed from the date of termination of the instant stock acquisition agreement, at any time, payment suspension, default, composition, rehabilitation, statutory management, bankruptcy, dissolution, liquidation, and other similar causes, (ii) the acquisition price of put option stocks to be transferred to the transferor is calculated by adding the amount calculated by multiplying the acquisition price of put option stocks and the acquisition price of put option stocks to be transferred to the transferor by the rate of return (the annual rate of return calculated by 12% from the closing date to the payment date of put option).
② In the instant stock acquisition agreement, the transferee’s put options were stipulated as follows.
③ On April 29, 2008, upon the exercise of put options as set forth in the preceding paragraph, C jointly and severally guaranteed the transferor’s obligation to pay the purchase price of put options, and other liabilities under the instant stock acquisition agreement.
B. The sales of shares of the Defendant’s new financial investment (1) entered into a stock sales contract with the Defendant New Capital on June 30, 2008.