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1. The Defendant shall start on March 25, 2016 with respect to the Plaintiff A’s KRW 10,000, KRW 7,000,000, and each of the above amounts.
Reasons
1. Basic facts
A. The status of the parties (1) The plaintiff A is the representative director of D Co., Ltd. (hereinafter "D") established on March 17, 1999 for the purpose of reinforced concrete construction business, etc., and the plaintiff B is the inside director of D.
(2) The E Co., Ltd. (hereinafter “E”) is a company established on May 27, 1998 for the purpose of the design construction business, etc., and the Defendant was a creditor who, around March 20, 2012, had a claim for a loan of KRW 70,000,000 to E.
B. The current status of shareholders of D’ E and E (1) F, etc. at the time of the representative director’s occurrence of difficulties in management status, requested D to acquire E.
(2) D accepted the above request and accepted E, and on April 2, 2012, the non-party G was appointed as the representative director of E, and the plaintiff A was appointed as the inside director and the auditor, respectively, and the defendant, the creditor of E, was appointed as the inside director of E.
(3) Meanwhile, the total number of E’s outstanding shares is 80,000 shares (the face value is 10,000 shares) and as of December 31, 2012, Plaintiff A owned 16,00 shares with 20% of Plaintiff B, Plaintiff B’s 13,800 shares with 17% of Plaintiff B, G 11,00 shares with 14% of G, Nonparty H 28,500 shares with 36% of Nonparty H, and Defendant 13% of the Defendant’s 13% of its shares, and thereafter Plaintiff A transferred 400 shares of the Plaintiff’s own shares to Nonparty I, thereby holding 12,00 shares, and Plaintiff B owned 13,80 shares, G 11,000 shares, and 4,00 shares,00 shares, 100 shares, 28, 200 shares, 100 shares, and Defendant 10 shares, respectively.
C. On September 9, 2013, the Defendant additionally lent KRW 200,000,000 as operating capital (hereinafter “instant loan”) with the Defendant’s acquisition and renunciation of shares (1).
(2) On April 25, 2014, the Defendant purchased KRW 500,250,000 per share of KRW 40,800,000 per share of the Plaintiffs,G and I, and paid KRW 50,000 as down payment, KRW 150,000 on the date of the contract, the intermediate payment of KRW 150,000,000 on August 31, 2014, and the remainder of KRW 300,000 on December 31, 2014 (hereinafter “instant share sales contract”), and paid KRW 50,00,000 on the same day as down payment.