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1. Of the judgment of the first instance, the part against Defendant E and F is revoked, and the Plaintiff E and F are against Defendant E and F.
Reasons
1. The following facts are either in dispute between the parties or in accordance with the purport of Gap evidence of 1 to 10, Eul evidence of 1, 2 and 3, Eul evidence of 1 to 3, Eul evidence of 1 of 1 to 1 of 1 of 1 of 1 of 2 of 1 of 1 of 2 of 2 of 1 of 2 of 1 of 2 of 1 of 2 of 2 of
G substantially managed four companies, including the Plaintiff Company, H (hereinafter “H”), I Co., Ltd., and J Co., Ltd., and held the shares of each company in his/her own name and in his/her relatives.
B. On January 1, 2009, G entered into a contract with Defendant B to comprehensively transfer all rights and obligations with respect to the said four companies including the Plaintiff Company (hereinafter “instant contract”).
Accordingly, G transferred the shares of the above four companies including the Plaintiff Company to Defendant B, etc., and Defendant B was appointed as the representative director of the Plaintiff Company on January 2, 2009.
C. Defendant B issued an electronic bill (hereinafter “Defendant C”) with a face value of KRW 165,00,000 in the name of the Plaintiff Company without any actual transaction on January 5, 2009, and received KRW 147,361,515 in the name of the Plaintiff Company as a corporate account of the Plaintiff Company (hereinafter “Defendant C”). Defendant B, without any actual transaction on February 13, 2009, issued an electronic bill (bill number L; hereinafter “second bill”) with a face value of KRW 165,00,000 in the name of the Plaintiff Company and received KRW 147,361,515 in the name of the Plaintiff Company from Defendant C, and received KRW 147,515 in the name of the Plaintiff Company as a discount on the bill from Defendant C, and received KRW 193,000 in the name of the Plaintiff Company as the Plaintiff Company’s corporate account (hereinafter “Defendant E”) with a face value of KRW 1981,985.
Then, on May 19, 2009, G concerns the management right of the Plaintiff Company, etc. between Defendant B and Defendant B, such as cancelling the instant contract, on the ground that Defendant B failed to perform its obligation under the instant contract.