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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. The Plaintiff is the representative of F Co., Ltd., which operates the cafeteria business, and G Co., Ltd. (hereinafter “instant company”) is a company established on April 15, 2014 for the purpose of manufacturing and selling food, etc., and the Defendants (33% of their respective shares in possession) and H (34% of their shares in possession) are all the shareholders of the instant company.
B. The Plaintiff between the Plaintiff and the Defendants is the spouse of Defendant B who represented Defendant B from September 2014.
And it is the spouse of the defendant E who represented the defendant C.
Between B and B, the Plaintiff paid a certain amount of investment and consulted on the method of operating the instant company, and D and E prepared a written agreement (hereinafter “instant agreement”) with the following contents, reflecting the results of the said agreement, and sent it to the Plaintiff on October 10, 2014.
1. The Plaintiff shall invest KRW 300 million in the instant company, and deposit it into the designated corporation account by October 13, 2014.
2. At the same time as Paragraph 1 of the preceding paragraph, the Defendants, at their own responsibility, transfer all 3,340 shares owned by the shareholders of H to the Plaintiff or to the persons designated by the Plaintiff, and ensure the smooth implementation of all the procedures.
3. Of KRW 300 million invested by the Plaintiff, KRW 163 million is executed in order to accept the entire amount of the loans borrowed from the Plaintiff’s Corporation H and the shares owned by the Plaintiff’s H, and KRW 133 million is required to deposit the entire amount of the loans owned by the Plaintiff’s company into the Plaintiff’s account with KRW 30 million into the Defendant’s account.
4. The shares owned by the Defendants shall be subject to separate contracts at the time when paragraph 3 is fulfilled.
5. In the event that the preceding paragraphs are fully satisfied, a person designated by the Plaintiff shall serve as the representative director of the instant company, and assume legal responsibilities and obligations for all management of the corporation;
(6) On March 30, 2015, the Plaintiff shall accept the entire amount of shares owned by the Defendants prior to March 30, 2015, and at this time, KRW 200 million out of the corporate loan shall be repaid to the Defendants respectively.
C. The Plaintiff’s transfer of investment funds.