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1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 1,00,000,000 and the period from September 7, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) was established around April 25, 2002 as a company engaging in the precision measurement automation system and equipment manufacturing business.
Plaintiff
B is the representative director of the Plaintiff Company, and Defendant C is the former director of the Plaintiff Company, and Defendant D is the spouse of Defendant C.
B. At the time of establishment of the Plaintiff Company, the Plaintiff Company issued a share of KRW 2 million. However, the Plaintiff Company’s share of the Plaintiff Company was written on the acquisition of the remainder of KRW 1 million shares (E 700,000, F210, G50, H30, and H 10,000 shares) by Plaintiff B, E, etc. (hereinafter “instant share shares”) in the Plaintiff Company’s share of KRW 1 million (E 700,000, F210, G50, H30, and H 10,000 shares).
(2) Plaintiff B transferred 10,00 shares of the instant shares to J around January 2002, and 200,00 shares to Defendant C around December 3, 2002, and held 7,90,00 shares of the Plaintiff Company.
3) On November 9, 2010, the Plaintiff Company decided to increase 50% of the shares free of charge, and accordingly, Plaintiff B came to hold 1,150,000 shares of the said Company. (c) Defendant C, at the time of the Plaintiff Company’s incorporation, held the title trust of the shares of this case with Plaintiff B at the time of the Plaintiff Company’s incorporation. On June 12, 2009, Seoul Southern District Court Decision 2009Kahap594, Seoul Southern District Court Decision 2009Kahap594 on June 12, 2009, issued a provisional disposition prohibiting all disposal of shares with respect to the shares due to the termination of title trust with the rights to be preserved.
However, on July 15, 2009, Defendant C submitted an application for cancellation of the above provisional disposition decision to the above court. On August 11, 2009, Defendant C prepared a written agreement (Evidence A7) with Plaintiff B as follows:
1. Plaintiff B and Defendant.