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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts following the summary of the case are either in dispute between the parties or in accordance with Gap evidence Nos. 2 to 6 (including, if any, the number; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 3, together with the whole purport of the pleadings.
A. On January 9, 2018, the Plaintiff acquired the business from the Defendants, including 20,00 shares of E Co., Ltd. (hereinafter “instant company”) (Defendant B-2,700 shares, Defendant C-7,200 shares, and Defendant D-4,100 shares).
[In addition to the conclusion of a contract to underwrite the pertinent shares in KRW 10,000 per share with the Defendant, the Defendants represented separately by the Defendants (Defendant C, D’s agent) Defendant B (the only in-house director representing the instant company at the time).
A) Between the Plaintiff and the Plaintiff entered into a detailed agreement on the business transfer). The aggregate (i) the Plaintiff’s patent right of the instant company, along with the shares and management rights of the instant company, is divided into two categories of patent rights [F] (F [registration number/date: G(H)] (hereinafter “instant 1 patent”).
(A) “I” (registration number/date: J (K) (hereinafter referred to as “instant two patents”).
[2] The payment of KRW 430,000,00 is made to Defendant B as the settlement price.
(hereinafter “instant contract”). (b)
Since then, on January 10, 2018, the Plaintiff and Defendant B agreed on the method of payment of KRW 430,000,000 as at the above 430,000,000 on January 31, 2018; KRW 20,000,000 on February 28, 2018; and KRW 20,000,000 on March 31, 2018; and KRW 20,000,00 on May 31, 2018 as at the end of each month from May 31, 2018 to July 31, 2018; KRW 20,000 on September 30, 200; and from November 30, 2018 to December 31, 200 on the last day of each month.
(No. 39 of 2018). Accordingly, the Plaintiff paid a total of KRW 130,000,000 to Defendant B as the price for business takeover under the instant contract by November 6, 2018, as indicated below.
The amount payable on February 5, 2018.