주식대금청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. As the representative director of C Co., Ltd. (hereinafter “C”) established for the purpose of travel business and travel-related information provision business, the Plaintiff held 50,400 shares issued by the said company (84%) out of 60,000 shares issued by the said company.
The defendant is a representative director of D Co., Ltd. (hereinafter referred to as "D") established for the purpose of software development and service business.
B. On December 14, 2018, C and D entered into a joint agreement (hereinafter referred to as “instant joint agreement”) with the content that, with respect to the business of providing “E” operated by C, C will be entrusted with the overall business of services and investment, D will proceed with the overall business of planning, development, design and marketing of E system, and settle and distribute 50% of net income calculated by deducting all kinds of fees, system operating expenses, etc. from the sales, and C will pay D KRW 10 million each month for the performance of new development, etc. of E system and solution (hereinafter referred to as “the instant joint agreement”). However, the date of preparation of the agreement was retroactively written on July 4, 2018.
C. In entering into the instant joint business agreement, the Plaintiff and the Defendant entered into a sales contract stating that “The Plaintiff transferred 16,800 shares of the shares issued by the Plaintiff to the Defendant (the share ratio of 28%, hereinafter “instant shares”) among the shares issued by the Plaintiff to KRW 5,00 per share (amount of face value), and the Defendant shall pay KRW 84 million to the Defendant on July 4, 2018, which is the date of the share sales contract. The Plaintiff also entered into a sales contract stating that “The payment method of the purchase price of shares (such as cash, account transfer, lump sum payment, and installment payment) shall be decided under the mutual name of the Plaintiff and the Defendant.”
According to the shareholders' list of the instant company dated June 30, 2019, the Defendant stated that it holds 16,800 shares as shareholders.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, Eul's 3 and 6 (including paper numbers), and the purport of the whole pleadings.