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All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. On October 20, 2004, C was established for the purpose of the development, acquisition, management, improvement, disposal, etc. of real estate on October 20, 2004; and D on July 3, 2009, the registration of change of trade name was completed.
(hereinafter “instant company”). From March 30, 2007 to June 14, 2012, the Plaintiff held office as the representative director of the instant company from March 30, 2007 to June 14, 2012. At the time, the instant company purchased the land of Ewon (F) in Silung-si, and carried out the business of constructing and selling the main complex apartment on its ground (hereinafter “instant business”).
B. The total number of shares issued by the instant company is 50,000 shares, the par value per share is 10,000 won, and the capital is 500,000,000 won.
As of February 20, 2009, the Plaintiff held 10,000 shares of this case (20%) which are part of the shares issued above, and the Defendant held 40,000 shares (80%) respectively.
C. On June 8, 2012, the Plaintiff and the Defendant concluded a sales contract with the Plaintiff to sell the instant shares to the Defendant in the aggregate of KRW 200,000 sales price per share, and KRW 2,00,000 (=200 x 10,000) (hereinafter “instant contract”), and the Defendant paid the said sales price to the Plaintiff and received the instant shares from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 24, 25, and the purport of the whole pleadings
2. Judgment as to the main claim
A. The gist of the Plaintiff’s assertion was from the end of 2011 to make it difficult for the Plaintiff to bear expenses, such as interest on loans, due to extreme difficulties in business financing.
Then, the Defendant proposed that the Plaintiff would pay the Plaintiff the expenses that the Defendant would pay instead of the Plaintiff’s loan, etc. when the sale of the instant business starts, and recommended the transfer of the instant shares.
The plaintiff, who was economically in imminent difficulties at the time, has accepted the defendant's proposal and entered into the contract of this case with the defendant.