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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As of July 1, 2004, the Plaintiff: (a) sold 12,500 shares issued by Nonparty IME Co., Ltd. (hereinafter “Nonindicted Company”); (b) sold to Defendant B a total of KRW 5,000 per share of KRW 60,000 per share; (c) Defendant B purchased the shares; and (d) Defendant C jointly and severally guaranteed Defendant B’s obligation (hereinafter “instant sales contract”; and (c) drafted a sales contract with the Defendants for the share of KRW 6,00,000 per share of KRW 10 per share of the said sales contract; and (d) Nonparty D paid the said sales contract to the Plaintiff around that time.
B. In the instant sales contract, “after the payment of KRW 6,00,000, Defendant B repaid the Plaintiff’s shares in the Plaintiff’s new bank account as of the end of each month, and the Plaintiff transferred shares to Defendant B when the sales price of shares was fully paid (as of May 2005, anticipated to be the end of May 2005). The Plaintiff agreed to pay the balance of the sales price of shares in monthly installments, but the Plaintiff immediately transferred shares to Defendant B.”
[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 5-1, 2, Gap evidence 6-1 and 6-2, the purport of the whole pleadings
2. Determination
A. Determination 1 as to the cause of the claim is based on the following facts: (a) the Plaintiff’s instant sales contract prepared by the Defendants is only a form of sales contract; (b) the Defendants agreed to pay part of the amount of loan obligations against the Plaintiff directly to the Plaintiff; or (c) the Defendants agreed to secure or guarantee D’s loan obligations by offering and repurchase shares as a check to the Plaintiff; (d) however, the Plaintiff’s aforementioned evidence, evidence No. 1-2, A-2, and 3, evidence No. 7-1, 2, 3, and evidence No. 13, and evidence No. 7-1, 2, 3, and 13, are acknowledged through the purport of the entire pleadings and arguments. (e) In other words, the Plaintiff is a non-party East Securities Company (hereinafter “Dong Securities Company”).
At the point above, as a customer of the hearing point.