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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 201, the Defendant decided to contribute KRW 250 million to the Smarket business in which the Plaintiff and the Plaintiff have experience and know-how, and paid KRW 250 million in total to the Plaintiff by December of the same year until December of the same year.
B. Accordingly, on November 10, 201, among shares 10,000 shares of Co., Ltd. C (Co., Ltd. D prior to the change on the 17th day of the same month; hereinafter “C”), 2,100 shares (hereinafter “this case’s shares”) were allocated to the Defendant, and 3,000 shares (hereinafter “this case’s shares”) were assigned to E and listed in each register of shareholders.
C. The Defendant, on November 10, 201, assumed office as a director of C’s intra-company director on the same day but resigned on November 17, 201 on the same day and retired on November 17, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The party's assertion and judgment
A. The Plaintiff asserted 1) The Plaintiff received personal investments of KRW 250 million from the Defendant in Schlage business operated by the Plaintiff. The Plaintiff borrowed the name of the Defendant and E for the purpose of avoiding sanctions against oligopolistic shareholders of C established by the Plaintiff for the said business, and entered the instant shares in the register of shareholders in the form of the register of shareholders. The Plaintiff returned to the Defendant from the date of December 2014 the total amount of profits on the said investment amount of KRW 48.5 million and the said principal amount of KRW 250 million to the Defendant. However, the Defendant asserted that the title trust agreement with the Defendant on the said shares should be terminated by the delivery of a duplicate of the complaint of this case. 2) As to this, the Defendant established the Defendant’s shares pursuant to the investment agreement and received the instant shares as the shares, the Defendant asserted that the instant shares were the actual shareholders of the instant shares.
B. Determination is based on the fact that the Plaintiff trusted the shares of this case to the Defendant.