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1. The Defendants jointly share KRW 100 million with each of the Plaintiffs, from August 7, 2019 to February 5, 2020.
Reasons
1. Facts of recognition;
A. The Defendants, inasmuch as the Plaintiffs’ mother, “stock company F” (hereinafter “stock company”) is currently unlisted company, but is expected to list as soon as they are expected to do so, can be seen as a large profit among the members of the company. If you look at the loss, they will be held liable. “At the same time, F’s purchase of shares is recommended through E, and the Plaintiffs purchased F’s 25,000 shares from Defendant C via E at KRW 4,00 per share on May 14, 2014, respectively.
B. The Plaintiffs remitted the total amount of KRW 200 million to Defendant C, and Defendant C sent each of the above 25,000 shares to the Plaintiffs as NH Investment Securities Account in the name of the Plaintiffs.
C. On May 15, 2014, following the date when the above share purchase contract was concluded, E, the Defendants and the Plaintiffs’ representatives, agreed to compensate for the amount of KRW 200 million equivalent to the above investment principal in the event the Plaintiffs suffered losses due to the said share purchase. D.
However, F did not list until the date of the closing of the argument in this case, and the value of the shares purchased by the plaintiffs is a state of completeness.
[Ground of recognition] Defendant C: A without dispute, Gap evidence Nos. 1 through 9 (including a branch number), defendant D with the purport of the whole pleadings: Judgment by service (Article 208(3)3 of the Civil Procedure Act)
2. The judicial effect of the profit-backed agreement between the judgment securities company and its executives and employees cannot be denied (see Supreme Court Decision 2009Da40547, Jul. 22, 2010). According to the above-mentioned facts, the Defendants are obliged to pay each of the Plaintiffs KRW 100,000 according to the above-mentioned preservation agreement.
The damages for delay is 5% per annum under the Civil Act from August 7, 2019 to February 5, 2020, which is the day following the delivery date of the copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.