Text
1. The plaintiffs' respective claims against the defendants are dismissed in entirety.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The status of the parties 1) Plaintiff A is the Plaintiff Company B (hereinafter “Plaintiff Company”).
(2) Defendant C is a representative director of the Plaintiff Company from November 10, 2006 to April 4, 2013, and is a transferor of all rights, such as the Plaintiff Company’s stocks, assets, etc. on April 8, 2013.
3) Defendant E is the auditor of the Plaintiff Company, Defendant F, and G were the directors of the Plaintiff Company (Defendant D is the actual owner of the Plaintiff Company).
B) (B) On April 8, 2013, Plaintiff A entered into a contract with Defendant C to acquire all assets, such as the Plaintiff Company’s shares, business licenses, patent rights, real estate, machinery, equipment, etc. from Defendant C (hereinafter “instant acquisition agreement”), and the main contents of the said contract are as follows.
(3) Where all patent rights are owned by the Plaintiff Company, all patent rights are transferred by the seller to the Plaintiff Company: (4) all patent rights that the Plaintiff Company owns; (5) all the building site and building facilities and equipment owned by the Plaintiff Company and the right to lease a building; and (5) The transfer price shall be 5.5 billion won.
② The Plaintiff Company shall take over KRW 3,526,107,325 of a financial institution’s borrowings by taking real estate for sale as security, and shall be the first intermediate payment upon the completion of the debt acquisition procedure.
③ The amount of KRW 483,737,407 against the Plaintiff’s debt shall be taken over by the Plaintiff and the second part shall be taken over by the Plaintiff by April 12, 2013, when the Plaintiff A takes the acquisition process by April 12, 2013.
④ The remainder of KRW 1,340,155,268 is new by the Plaintiff Company and the Plaintiff A.