1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Based on the facts, K Co., Ltd. (hereinafter “K”) is a company engaged in the manufacture and sale business of white paper bags, etc. The Plaintiffs are shareholders who hold at least 1/100 of the total number of shares issued by K. The Defendants are the representative director, directors, and outside directors of K. The Defendants are those who held or held office as outside directors.

On December 30, 2013, K received a penalty surcharge of KRW 14.37 billion from the Fair Trade Commission on the ground that it conducted an unfair collaborative act under Article 19(1)1 of the Monopoly Regulation and Fair Trade Act on the ground that it conducted an unfair collaborative act under Article 19(1)1 of the Monopoly Regulation and Fair Trade Act, such as the increase of the price of the white board in collusion with the soon corporation, Sejong-don corporation, a clean Ghana corporation, and L corporation from February 2007 to April 2012.

The evidence No. 4 and Eul evidence No. 1 were dissatisfied with the disposition of imposition of the above penalty surcharge, and the Seoul High Court filed a lawsuit seeking revocation of the corrective order and the order to pay a penalty surcharge under the Seoul High Court 2014Nu6587. The above court was justifiable in imposing a penalty surcharge on the general act of price collusion (hereinafter “instant collusion”) from February 2, 2007 to April 2012, but on the ground that the disposition of imposition of a penalty surcharge on the high-class price collusion from July 2007 to April 2012 was unlawful, on the ground that the disposition of imposition of a penalty surcharge on the instant collaborative act of December 30, 2013 exceeds KRW 5.87 billion against the instant collaborative act of December 30, 2013. The above judgment was final and conclusive by both parties, but both parties’ final and conclusive appellate court’s appeal was dismissed (No. 2015Du788, Jul. 17, 2017).

The Plaintiffs, as to the filing of the instant lawsuit, demanded that K file a lawsuit seeking compensation for damages to enforce the director’s liability with respect to the pertinent collaborative act on May 9, 2014 and around June 9, 2014. However, K did not take any measure.