채무부존재확인
1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) 651,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) B (hereinafter “Plaintiff B”) is a non-permanent corporation operating a building project and real estate leasing and leasing business. Plaintiff A is the representative director of Plaintiff B, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was working as Plaintiff B’s former duties from October 1, 2016 to April 30, 2018.
B. Around May 2018, Plaintiff B entered into a share acquisition agreement (Evidence A 3) with the Defendant to acquire KRW 5,000 of Plaintiff B common shares owned by the Defendant (hereinafter “instant shares”) per share of KRW 15,000 per share.
Since then, the Plaintiffs and the Defendant decided to change the transferee of the above contract to the Plaintiff, and the Plaintiff was the Plaintiff’s share acquisition agreement (Evidence A No. 4) as of September 17, 2018, but the attached certificate of personal seal impression was as of September 14, 2018, and both the Plaintiffs and the Defendant entered into a share acquisition agreement on September 17, 2018.
The Defendant entered into a share acquisition agreement with the Defendant to acquire the instant shares in KRW 7,500 per share (Evidence A 4; hereinafter “instant share acquisition agreement”). On the same day, the Defendant paid KRW 112,50,000 (=15,000 shares x 7,500 won) to the Defendant.
C. Meanwhile, on September 21, 2018, the Defendant cannot agree to KRW 7,500 per share price of the instant share acquisition agreement, and an appropriate share price shall be KRW 50,900 per share. Since the difference in the price of the said shares is that of the Plaintiffs’ unjust enrichment, the Defendant demanded prompt return, and filed a lawsuit claiming return of unjust enrichment at the time of failure to return it.
‘A evidence' was sent to the effect that the content certificate (No. 7) was sent.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings
2. Determination on the main claim
(a)a valid contract;