1. The plaintiff's main claim against defendant D is dismissed.

2. Defendant C is subject to KRW 9,000,000 for the Plaintiff.

1. Basic facts

A. On May 9, 2007, Defendant D and Defendant B entered into a contract with Defendant D to pay the remainder of KRW 137 million at the same time with the Plaintiff’s share transfer on June 10, 2007 (hereinafter “instant pre-sale contract”), and paid KRW 43 million to Defendant D on the same day the said down payment and intermediate payment on the same day.

However, Defendant B did not pay any balance on the balance payment date stipulated in the above contract, and due to which Defendant D’s peremptory notice and intent of rescission was expressed, but the prior contract was withdrawn against Defendant B, and the prior contract was maintained as it was.

B. On May 29, 2009, the Plaintiff and Defendant C, the agent of Defendant B, and the Plaintiff purchased the shares of the instant association members from Defendant B for KRW 187 million. The Plaintiff concluded a contract with the effect that the down payment and intermediate payment KRW 50 million shall be paid on the date of the contract, and the remainder KRW 137 million shall be paid at the same time as the transfer of the shares of the instant association members on June 30, 2009 (hereinafter “instant contract”). On the same day, the Plaintiff paid the down payment and intermediate payment KRW 50 million to Defendant B.

C. However, the Plaintiff did not pay the remainder on the outstanding payment date stipulated in the instant sales contract, and accordingly, Defendant B, who received the remainder from the Plaintiff and intended to pay the remainder under the instant prior sales contract, also failed to pay the remainder to Defendant D under the said prior sales contract.

Defendant D did not pay any balance under the preceding contract, and Defendant B on January 6, 2012.