1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The following facts may be found as a whole by taking account of the overall purport of the pleadings in the descriptions of Gap evidence No. 2, Gap evidence No. 3-1, 2, Eul evidence No. 1 and 3:

On April 27, 2015, the Plaintiff entered into a contract for stock and takeover of business, and the Plaintiff entered into a "contract for acquisition of stocks and takeover of business" with the Defendant (assignee) on April 27, 2015, that transfers the entire amount of the Plaintiff's stock company C (consignor) and the right of management to transfer the business

(hereinafter “instant contract”). Of them, the provisions pertaining to the payment of price are as follows:

(1) The recipient company and the transferor shall carry out all the procedures, such as amendments to the articles of incorporation, a general meeting of shareholders, a resolution of the board of directors, etc. prescribed by related Acts and subordinate statutes, such as the Commercial Act, for the lawful limit of acquisition of the shares of this case, and the transferee shall deposit the amount of KRW 4.85 billion with the transfer of the shares of this case at the same time

(2) The transferee shall pay to the transferor the balance of the second balance of 8.5 billion won (the second balance of the acquisition price) of the shares of this case to the first quarter of the year 2016 and a tax report has been completed and the net income (the net income per fiscal year) from the second quarter of the year 2015 to the first quarter of the year 2016 has become final and conclusive (the second balance of the payment).

At the same time, the transferee shall pay the transferor a total amount of net income calculated according to the international standards for adoption of Korea.

except that if the amount of net income for the current term is less than one billion won, it shall be subject to Paragraph 2 of Article 13 of this Agreement (Article 9 Paragraph 4 of this Agreement). (3) In accordance with the transferee’s choice, part of the second balance may be paid in advance prior to the said payment.

(4) If the confirmation amount of net income for the current term under Article 9(4) is at least two billion won, the transferee shall additionally pay one billion won to the transferor.

(5) The annual salary for one year after the contract of the transferor shall not exceed 100 million won and the transferor shall be determined by the transferor.

(b)be newly appointed;