양수금
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In order to establish a stock company C (hereinafter “C”) on October 31, 2014, the Plaintiff fulfilled the Plaintiff’s investment obligation, the Plaintiff paid KRW 290 million to the Defendant as an investment.
B. C is established on November 4, 2014 as a capital of KRW 500 million and engaged in advertising planning operation agency business, programming development agency business, media distribution and operation business, clothes production and online, off-line sales business, overseas trade business, real estate investment and rental business, and cultural content production and distribution business. 2) From the time of the establishment of C, up to now the Defendant has held 51,000 shares (51%), the Plaintiff 29,50 shares (29.5%), and D holds C shares of KRW 19,50 (19.5%). The Plaintiff and D are in charge of internal directors and the Defendant’s representative director.
[Reasons for Recognition] The facts without dispute, Gap 2, 3, Eul 1, 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff’s assertion 1) The Plaintiff’s claim for acquisition of shares (main claim) concluded on March 20, 2015 with the Defendant and C to transfer 29,50 shares of the Plaintiff to the Defendant and C (hereinafter “instant share acquisition agreement”).
(2) Since the Defendant concluded a verbal contract with the Plaintiff, the Defendant is obligated to pay KRW 290 million to the Plaintiff the acquisition amount of shares. 2) The Defendant proposed the Plaintiff to make an investment in order to establish C, made 50% of shares as a joint representative, carried out the Empic project, and entices the Plaintiff to contribute KRW 150 million to the Plaintiff, and that he/she is also aware of the amount of KRW 299 million from the Plaintiff’s investment. As such, the Defendant is liable to compensate the Plaintiff for damages arising from the tort by deception.
B. Defendant’s assertion 1) The Defendant did not conclude the instant share acquisition agreement with the Plaintiff, and the Plaintiff is a shareholder of C. 2) The Defendant’s claim for damages against the Plaintiff.