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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Facts under the basis of facts may be found either in dispute between the parties or in the entries in Gap evidence 1, 2, and 6 (including branch numbers; hereinafter the same shall apply), with a comprehensive consideration of the whole purport of the pleadings. A.
The Plaintiff’s indemnity claim 1) concluded a credit guarantee agreement with D, D, 370,600,000 won guaranteed on September 1, 2006, guarantee period until August 29, 2008, and a credit guarantee agreement with the term of April 26, 2007 as the guarantee period of 240,000,000 won, and as of April 25, 2012. Defendant C guaranteed D’s indemnity liability under each of the above credit guarantee agreements. (2) Defendant C guaranteed D’s indemnity liability based on each of the above credit guarantee agreements; and (3) on May 6, 2008, the occurrence of a guarantee accident for which benefits are lost due to the opposite fault portion; and on July 24, 2008, the Plaintiff acquired the subrogation claim between D and the Defendant under the subrogation contract.
B. On the other hand, Defendant C and Defendant B owned 27,00 ordinary shares of that company. On March 31, 2008, Defendant C sold the remaining 12,60 shares to Defendant B for KRW 72,00,000 and KRW 63,000,00, respectively.
(2) Determination on the ground of claim as to the above sales contract between the Defendants (hereinafter “instant sales contract”)
A. According to the instant share purchase contract, the Plaintiff, a primary cause of claim, can cancel the said sales contract if the purchaser did not pay the purchase price within 25 days from the date of conclusion of the contract. Defendant A and B did not pay the purchase price within the said period, and Defendant C could cancel the said sales contract. As such, in order to preserve the claim for reimbursement against Defendant C, the Plaintiff is in subrogation of the right to cancel the said sales contract. Accordingly, Defendant A and B were to restore their original state to Defendant C.