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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On July 20, 2007, the Plaintiff A and the Defendant established the Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) for the purpose of real estate sale, lease, and development projects. The Plaintiff agreed to hold 18,000 shares of Plaintiff C (60%) and 12,000 shares (40% shares) respectively.
B. On January 30, 2010, Plaintiff C’s representative director G entered into a sales contract with the Defendant on 12,000 Plaintiff C’s shares held in the name of a tea (hereinafter “instant share sales contract”) and drafted a written agreement (hereinafter “instant written agreement”). The main contents are as follows.
The C representative Director G (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) shall decide to transfer all of the shares of the Defendant C to G representative director, and agree as follows:
Article 2 [stocks subject to Sale] Stocks held in this name shall be 12,000 shares issued by C with 30,000 shares issued by C, a corporation.
① 6,000 common shares of KRW 10,00 with a face value of KRW 10,00. ② 6,000 common shares of KRW 10,00 with an I’s face value of KRW 10,00 / [Sales Price] ① The purchase price of shares specified in Article 2 shall be determined by related companies with which Party A or A is a major shareholder (including J, C, and K; hereinafter referred to as “related companies”).
amounts equal to KRW 471,00,000 and interest equivalent thereto borrowed from such Corporation, etc. plus KRW 2,000,000,000.
(2) Payment methods of the purchase price stated in paragraph (1) shall be as follows:
1. The amount of KRW 471,00,00 and interest thereon borrowed from Company A or its related company as of the date of the conclusion of this contract shall be offset against the corresponding amount of the purchase price as of the date of the conclusion of this contract and paid as the purchase price from Company A as the purchase price.
Accordingly, there is no monetary liability such as the borrowed money from Party A or its related company.