1. The Defendants are jointly and severally liable to the Plaintiff for 600,000,000 won and the Defendants B from May 30, 2009 to March 25, 2015.

The summary of the case is the case where the plaintiff, primarily against the defendants, cancelled the acquisition of shares under the guarantee of defendant C with the defendant B as a declaration of intent by deception, and sought a return of unjust enrichment of KRW 600,000,000,00,000,000,000,000,000,000 won.

In fact, on April 14, 2009, Defendant C entered into a stock acquisition agreement with the representative director E of the D Co., Ltd. representing the Plaintiff, stating that “F Co., Ltd. operating the Plaintiff (hereinafter “F”) secured the extracting rights of the Indonesian mine equivalent to KRW 400 billion in store capacity, and the primary shipment takes place on or around August 2009. The Korea Electric Power Corporation and Spoco Construction participated in 10% of shares. 7 billion investments (cash 1 billion in cash and KRW 6 billion in market price) would transfer 10% of the appraised value of the flexible coal business value in the future.”

E has concluded a share acquisition agreement with Defendant B to purchase the F shares of KRW 600,000 (payment of the remaining KRW 6 billion as listed shares as designated by the transferee) of KRW 7 billion (the transferee of the share acquisition agreement was stated as “the company designated by D Co., Ltd. and 1 other (Plaintiff)”), and Defendant C guaranteed Defendant B’s obligations under the above agreement.

On April 14, 2009, the Plaintiff paid the intermediate payment of KRW 200 million to Defendant C, KRW 100 million to the foreign exchange bank account in the name of F on May 14, 2009, KRW 200 million to the intermediate payment of KRW 200 million to the bank account in the name of Defendant B, and KRW 100 million to the foreign exchange bank account in the name of F on May 29, 2009.

On September 2011, the Plaintiff, including the indictment against Defendant C, filed a complaint against the Defendants and G, the representative director of F at the time, on the charge of fraud about the above KRW 600 million.

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