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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. The Plaintiff is a representative director of D Co., Ltd. established on November 30, 2016 (hereinafter “D”) and E, established on August 2, 2017, and is a shareholder holding 100% of shares, and F is the largest shareholder of G Co., Ltd. (hereinafter “G”), and H is a person who was seeking the acquisition of G and was dismissed from office as the representative director of D, and the Defendant is a person who entered into a service contract related to the advice for the acquisition of D.
B. On June 9, 2017, H entered into a service contract (hereinafter “the first service contract”) with I Co., Ltd. (hereinafter “I”), and H agreed that H will provide H with advice to acquire G and that H will pay 1,00,000,000 won as service remuneration when a related person of H or H enters into a contract with G’s largest shareholder, etc. in a successful manner.
C. Around June 26, 2017, D entered into a contract for acquisition of stocks and management rights to acquire KRW 35,271,211,50 per share of the shares of G owned by F from F, the largest shareholder of G, KRW 4,912,425 per share of KRW 7,180 per share (hereinafter “instant contract for acquisition of stocks and management rights”). D paid KRW 7,180,000 to F as of the date of the conclusion of the said contract, and D paid KRW 28,091,21,50 per balance one day prior to the date of the general meeting of shareholders of G held within 60 days from the date of the said contract, and F agreed to transfer the said shares to D and to cooperate in measures necessary for the transfer of management rights.
D paid 7,180,000,000 won to F as down payment and intermediate payment on the same day.
E. D on June 28, 2017, additionally appointed H as a representative director.
F. Around July 13, 2017, H entered into a service contract with the Defendant for the same content as the primary service contract (hereinafter “second service contract”) on behalf of D, and the Defendant entered into the first service contract and the second service contract collectively (hereinafter “instant service contract”).