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1. The part of the Plaintiff B among the instant lawsuit is dismissed.
2. The plaintiff A's claim is dismissed.
3. The costs of the lawsuit.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-4 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.
Plaintiff
A and the Defendant agreed to jointly establish and operate D Co., Ltd. D (hereinafter referred to as “D”) mainly aimed at providing services, such as inventory investigation, cleaning, and personnel support (hereinafter referred to as “D”), and each of the 25,000,000 won (i.e., 5,000 won x 5,000 won) was invested in and paid for each of 10,000 common shares of 5,000 won issued by D, and each of 5,000 common shares of 10,000 won issued by D was established around January 30, 209. Plaintiff B accepted the above 5,00 shares of 1,00 shares, which the Plaintiff agreed to take over by Plaintiff A. Accordingly, Plaintiff A’s shareholder registry is also registered as Plaintiff A’s shareholder of 10,000 shares of 10,000 shares issued above.
B. The plaintiff A and the defendant have served as the joint representative director of D and the plaintiff B as the auditor respectively.
C.2. The argument and judgment
A. The gist of the plaintiffs' assertion (1) around March 2019: (a) transferred the plaintiffs' 5,000 shares owned by the defendant (=4,000 shares) to the defendant at KRW 160,00,000; (b) thereby terminating the same business agreement of this case as of March 31, 2019; and (c) the plaintiffs set up a transfer contract on the above 5,000 shares and at the same time agreed that KRW 150,000 out of the above price shall be paid to the defendant until June 10, 2019.
However, the defendant did not prepare a transfer contract on the 5,000 shares until June 10, 2019, but did not pay 160,000,000 won to the plaintiff A for the above shares.
Therefore, the defendant receives 4,00 shares of D from the plaintiff A (as shown in paragraph (1) of the attached Table) and 1,000 shares from the plaintiff B (as shown in paragraph (2) of the same Table) at the same time, and at the same time, 160,000 shares to the plaintiff A.